Bates v. Capital State Bank
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MaeLane, Judge. Action to recover possession of certain mortgage bonds or their value. Judgment for defendants. An attempt to ratify a void contract is itself void. (Thompson v. Htidgins, 116 Ala. 93, 22 So. 632; Union Nat. Bank v. Hartwell, 84 Ala. 379, 40 So. 156; Page on Contracts, sec. 275.) The said agreement, Exhibit “ C, ” was without consideration.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MaeLane, Judge. Action to recover possession of certain mortgage bonds or their value. Judgment for defendants. An attempt to ratify a void contract is itself void. (Thompson v. Htidgins, 116 Ala. 93, 22 So. 632; Union Nat. Bank v. Hartwell, 84 Ala. 379, 40 So. 156; Page on Contracts, sec. 275.) The said agreement, Exhibit “ C, ” was without consideration. It lacked mutuality. {Maher v. Martin, 43 Ind. 314; Musick v. Dodson, 76 Mo. 624, 43 Am. Rep. 780; 1 Parsons on Contracts, 434; Wilcox v. Arnold, 116…
1Opinion of the CourtSullivan, J.
This action was commenced to recover the possession of twenty-one Pacific & Idaho Northern Railroad bonds of the face value of $1,000 each, or in case delivery could not be had, their real value, alleged to be $29,496.25, which bonds were alleged to have been deposited with the Capital State Bank of Idaho for safekeeping, which bank will hereafter be referred to as respondent bank. It is alleged that said bonds were so deposited on August 23, 1901. This case was before this court on a former appeal. (See 18 Ida. 429.) On that appeal this court held that there were but two questions involved,…
2Cases cited3 opinions
- Rauh v. OliverIdaho Supreme Court · 1904
- Robb v. DobrinskiSupreme Court of Oklahoma · 1904
- Bates v. Capital State BankIdaho Supreme Court · 1910
3Cited by23 opinions
- Bethlahmy v. BechtelIdaho Supreme Court · 1966
- Stone v. BradshawIdaho Supreme Court · 1942
- Schlieff v. BistlineIdaho Supreme Court · 1932
- Addy v. StewartIdaho Supreme Court · 1949
- Gridley v. RossIdaho Supreme Court · 1923
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