Legal Opinion

Jones v. Stoddart

Idaho Supreme Court

Decided January 18, 1902PublishedCited by 16 opinions

APPEAL from District Court, Canyon County. The sufficiency of the affirmative defenses was passed upon hy this court in case of Warren v. Stoddart, 6 Idaho, 692, 59 Pac. 543. There is no conflict in the evidence relating to those defenses. The deed which was the sole consideration for the note is in evidence, together with the records of the corporate board of grantor, and from these it appears that the deed was not authorized by resolution of the board.

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APPEAL from District Court, Canyon County. The sufficiency of the affirmative defenses was passed upon hy this court in case of Warren v. Stoddart, 6 Idaho, 692, 59 Pac. 543. There is no conflict in the evidence relating to those defenses. The deed which was the sole consideration for the note is in evidence, together with the records of the corporate board of grantor, and from these it appears that the deed was not authorized by resolution of the board. (Johnson v. Sage, 4 Idaho, 758, 44 Pac. 641; Bliss v. Ecmeah etc Irr. Co., 65 Cal. 502, 4 Pac. 507.) Unless the evidence is conflicting,…

1Opinion of the CourtStockslag-Ee, J.

— This is an action upon a promissory note, and to foreclose a real estate mortgage given to secure the same. The note is negotiable in form. The execution of the note and mortgage is admitted; the same having been executed by the defendant, Archibald C. Stoddart, and made payable to the Boise City and Nampa Irrigation, Land and Lumber Company, bearing date September 16, 1892, and falling due September 16, 1897. The answer puts in issue the ownership of the note by the plaintiff, and sets up certain affirmative defenses, in the way of failure of consideration, which it will not be necessary…

Also in this document: Concurrence.

2Cases cited26 opinions

  1. Davis v. WakeleeSupreme Court of the United States · 1895
  2. Railway Co. v. McCarthySupreme Court of the United States · 1878
  3. Daniels v. TearneySupreme Court of the United States · 1880
  4. Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
  5. Good v. MartinSupreme Court of the United States · 1877

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3Cited by16 opinions

  1. Callaway v. Hamilton Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1952
  2. Farmers State Bank v. HaunWyoming Supreme Court · 1924
  3. Porter v. Title Guaranty & Surety Co.Idaho Supreme Court · 1909
  4. Tipton v. EllsworthIdaho Supreme Court · 1910
  5. National City Bank v. Shelton Electric Co.Washington Supreme Court · 1917

11 more not listed; retrieve them via the Exa API.

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