Kaesemeyer v. Smith
Idaho Supreme Court
'APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action for debt. Judgment for plaintiff. Intervenors appeal. “In order to constitute a binding election, the party must, at the time the election is alleged to have been máde, have knowledge of the facts from which the coexisting inconsistent remedial rights arise.”
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'APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action for debt. Judgment for plaintiff. Intervenors appeal. “In order to constitute a binding election, the party must, at the time the election is alleged to have been máde, have knowledge of the facts from which the coexisting inconsistent remedial rights arise.” (15 Cyc. 261; Louisville & N. W. Go. v. Bernheim, 113 Ala. 489, 21 South. 405; Bierce v. Hutchins, 205 U. S. 340, 27 Sup. Ct. 524, 51 L. ed. 828.) When money is deposited with a bank with directions to pay out in a certain…
1Opinion of the CourtStewart, C. J.
Kaesemeyer, the respondent, commenced an action against the defendant, W. P. Smith, in the district court of Kootenai county on the 1st of February, 1910, to recover the sum of $700 with interest. A writ of attachment was issued in said cause and notice of garnishment was served upon the Exchange National Bank of Coeur d’Alene, Idaho. This notice of garnishment was served upon the bank at five minutes after 1 o’clock on the 1st of February, 1910. On February 3d the bank made and filed its answer to the interrogatories attached to the notice of garnishment.
On the afternoon of February 1, 1910,…
2Cases cited10 opinions
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
- Pullen v. Placer Country BankCalifornia Supreme Court · 1902
- Jones v. GloverSupreme Court of Georgia · 1893
- Baltimore & Ohio Railroad v. First National BankSupreme Court of Virginia · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Leach v. Mechanics Savings BankSupreme Court of Iowa · 1926
- McClain v. TorkelsonSupreme Court of Iowa · 1919
- State Bank of Southern Utah v. StallingsUtah Supreme Court · 1967
- Holloway v. First National BankIdaho Supreme Court · 1928
- Stern v. LoneWashington Supreme Court · 1949
7 more not listed; retrieve them via the Exa API.