Nelson v. Hudgel
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to recover upon a bank check. The burden of proof in establishing fraud is always on the party alleging it. Fraud is never to be presumed. It can only be established by clear and convincing evidence. (Cent. Dig., Fraud, secs. 46, 47; Dec. Dig., Fraud, 50.) And this is especially true where the integrity of written instruments is attacked.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to recover upon a bank check. The burden of proof in establishing fraud is always on the party alleging it. Fraud is never to be presumed. It can only be established by clear and convincing evidence. (Cent. Dig., Fraud, secs. 46, 47; Dec. Dig., Fraud, 50.) And this is especially true where the integrity of written instruments is attacked. (Pickle v. Lincoln Co. State Bank, 63. Wash. 545, 112 Pac. 654.) The law of fraud does not contemplate that a person can recklessly and carelessly…
1Opinion of the CourtStewart, J.
— The appellant instituted this action against the respondent to recover upon a check issued by the respondent dated December 23, 1910, upon the Boise City Na*330tional Bank, requiring the bank to pay to the order of M. A. Swift $1,293.75. It is alleged that the check was indorsed and delivered to the plaintiff and presented for payment and refused.
The defendant admits in his amended answer that the check was executed and delivered and not paid, and also alleges as •a defense that, on December 23,1910, the husband of the plaintiff applied to T. A.' Bisby to procure a loan of $1,500 for the use…
2Cases cited1 opinion
- Pickle v. Lincoln County State BankWashington Supreme Court · 1911
3Cited by13 opinions
- Cooper v. Wesco Builders, Inc.Idaho Supreme Court · 1955
- Thomson v. MarksIdaho Supreme Court · 1963
- Paurley v. HarrisIdaho Supreme Court · 1956
- Smith v. ThomasIdaho Supreme Court · 1926
- Federal Land Bank v. Union Central Life InsuranceIdaho Supreme Court · 1931
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