Vane v. Towle
Idaho Supreme Court
APPEAL from District Court, Kootenai County. The main contention of appellants is that the contract made on April 19, 1894, by the respondent and B. I. Towle representing appellants, and upon which this action is brought, is wholly without consideration, and that respondent in securing said contract violated his duty as trustee for the Newport Mill Company and took unconscionable advantage of appellants who were, as the first preferred creditors of said Newport Mill Company,…
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APPEAL from District Court, Kootenai County. The main contention of appellants is that the contract made on April 19, 1894, by the respondent and B. I. Towle representing appellants, and upon which this action is brought, is wholly without consideration, and that respondent in securing said contract violated his duty as trustee for the Newport Mill Company and took unconscionable advantage of appellants who were, as the first preferred creditors of said Newport Mill Company, beneficiaries of said trust, which it was respondent’s duty to execute according to the terms of the agreement of July…
1Opinion of the CourtHuston, J.
On the twenty-eighth day of July, 1893, one J. L. Brace was the owner of a sawmill situated at or near the town of Newport, Idaho. It appears from the record that said Brace had, in the running of said mill, become embarrassed financially, which condition involved certain claims of persons theretofore employees of the said Brace, For the purpose of adjusting existing differences and providing for the further utilization of the product of said mill property, on the 28th of July, 1893, the said L. J. Brace made the following agreement, signed by himself alone, but accepted and acted on by the…
2Cases cited4 opinions
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
- Warder v. TuckerMassachusetts Supreme Judicial Court · 1811
- Honeyman v. JarvisIllinois Supreme Court · 1875
- May v. CoffinMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Wilson v. BogertIdaho Supreme Court · 1959
- State v. ThumIdaho Supreme Court · 1898
- Heath v. Potlatch Lumber Co.Idaho Supreme Court · 1910
- Stafford v. FieldIdaho Supreme Court · 1950
- Blaine County National Bank v. TimmermanIdaho Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.