Legal Opinion

Jennings v. Idaho Railway, Light & Power Co.

Idaho Supreme Court

Decided January 20, 1915PublishedCited by 3 opinions

APPEAL from the .District Court of the Third Judicial District, in and for Ada County. Hon. Chas. P. McCarthy, Judge. Action to recover on a promissory note. Attachment issued and the court refused to discharge the attachment.

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APPEAL from the .District Court of the Third Judicial District, in and for Ada County. Hon. Chas. P. McCarthy, Judge. Action to recover on a promissory note. Attachment issued and the court refused to discharge the attachment. No attachment can be issued against a domestic corporation in an action on a secured debt, and, therefore, if foreign ■corporations have the same rights and privileges, and are subject to like laws, no attachment can be issued against them in such cases. (6 Thompson on Corporations, ed. 1895, p. 6420, sec. 8060; Farnsworth v. Terre Haute etc. By. Go., 29 Mo. 75; Martin…

1Opinion of the CourtBudge, J.

On the 6th of November, 1911, the Idaho Railway, Light & Power Company, a corporation organized under the laws of the state of Maine, made, executed and delivered its promissory note to one E. H. Jennings for $180,000, payable two years after date, bearing interest at the rate of six per cent per annum from July 6, 1912. In order to secure *706the payment of the above obligation, the Idaho Railway, Light & Power Company deposited with the said Jennings as collateral security 1,200 shares of the preferred stock- and 2,884 shares of the common stock of the Boise Railroad Company, Ltd. After the…

2Cases cited6 opinions

  1. Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
  2. Merrick v. . Van SantvoordNew York Court of Appeals · 1866
  3. New York Life Insurance v. PikeSupreme Court of Colorado · 1911
  4. Boyer v. Northern Pacific Railway Co.Idaho Supreme Court · 1901
  5. Waechter v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1909

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

3Cited by3 opinions

  1. Magna Oil & Refining Co. v. Uncle Sam Oil Co.Supreme Court of Oklahoma · 1921
  2. District of Columbia Insurance Guaranty v. Algernon Blair, Inc.District of Columbia Court of Appeals · 1989
  3. District of Columbia Insurance Guaranty v. Algernon Blair, Inc.District of Columbia Court of Appeals · 1989

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