Utah Implement-Vehicle Co. v. Kenyon
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. Chas. O. Stockslager, Judge. Action on promissory note. Judgment for defendant.
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APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. Chas. O. Stockslager, Judge. Action on promissory note. Judgment for defendant. “Where an assignment of anything in action is absolute in its terms, so that the entire apparent legal title vests in the assignee, the assignee may sue in his own name without joining the assignor as a party, although there was no consideration for the assignment and notwithstanding whatever collateral arrangements between him and the assignor as to the disposition to be made of the proceeds.” (4 Cye. 100, and cases cited;…
1Opinion of the CourtBudge, C. J.
This action was brought by appellant on a promissory note, executed by respondent ahd made payable to the order of the Snake River Implement Company, Limited. The note was in the principal sum of $2,300, was dated November 20, 1911, due on or before two years after date, and bore interest at the rate of five per cent per annum from January 1, 1912. It is alleged in the complaint:
“That on or about the 18th day of January, 1914, for a valuable consideration, this promissory note was- duly and legally assigned by indorsement and delivery, by the said Snake River Implement Company, Limited, to…
2Cases cited4 opinions
- Brumback v. J. B. Oldham & Co.Idaho Supreme Court · 1878
- Craig v. Palo Alto Stock FarmIdaho Supreme Court · 1909
- Anderson v. CoolinIdaho Supreme Court · 1916
- Home Land Co. v. OsbornIdaho Supreme Court · 1910
3Cited by5 opinions
- Sampson v. LaytonIdaho Supreme Court · 1963
- Moore v. Boise Land & Orchard Co.Idaho Supreme Court · 1918
- Marine Trust Co. v. LauriaAppellate Division of the Supreme Court of the State of New York · 1925
- W. G. Jenkins & Co. v. McKenzieIdaho Supreme Court · 1924
- Ritter v. MooreIdaho Supreme Court · 1942