McFarland v. Johnson
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. M. Dunn, Judge. Action upon a promissory note. Judgment for defendant.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. M. Dunn, Judge. Action upon a promissory note. Judgment for defendant. From the fact that the note was given by the wife to the husband, under the presumption of the law, it is presumed to be originally the wife’s debt and a contract with reference to her separate property and estate, and comes exactly within the rule explicitly announced in the case of Bank of Oonw merce v. Baldwin, 12 Ida. 202, 210, 85 Pae. 497. It must be alleged in the complaint and proven that the debt was incurred for the use and…
1Opinion of the CourtStewart, C. J.
This action was instituted by the appellant against the respondent in the district court of Kootenai county to recover upon a promissory note executed by Sarah S. Johnson, payable to John Adolph Johnson on March 17, 1908, for the sum of $4,000. It is alleged in the complaint that this promissory note was sold, transferred and assigned to the plaintiff prior to the commencement of this action, for valuable consideration. The answer filed by the defendant denies the execution of such promissory note and also denies the sale and transfer to appellant.
Upon the trial of the issues presented by the…
2Cases cited4 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Jaeckel v. PeaseIdaho Supreme Court · 1898
- Holt v. GridleyIdaho Supreme Court · 1900
- Strode v. MillerIdaho Supreme Court · 1900
3Cited by10 opinions
- Humbird Lumber Co. v. DoranIdaho Supreme Court · 1913
- Meier & Frank Co. v. BruceIdaho Supreme Court · 1917
- Thomas v. YoungIdaho Supreme Court · 1926
- Ness v. CofferIdaho Supreme Court · 1925
- Loomis v. GrayIdaho Supreme Court · 1939
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