Legal Opinion

Fidelity State Bank v. Miller

Idaho Supreme Court

Decided December 29, 1916PublishedCited by 3 opinions

APPEAL from the District Court of the Second Judicial District for Clearwater County. Hon. Edgar C. Steele, Judge. Action to discharge attachment and quiet title in real estate. Judgment for plaintiff. The giving of a new promissory note in lieu of an existing one is payment of the old note when such is the intention of the parties. The cancelation of the old note is a good consideration for the new one.

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APPEAL from the District Court of the Second Judicial District for Clearwater County. Hon. Edgar C. Steele, Judge. Action to discharge attachment and quiet title in real estate. Judgment for plaintiff. The giving of a new promissory note in lieu of an existing one is payment of the old note when such is the intention of the parties. The cancelation of the old note is a good consideration for the new one. (7 Cyc. 697, 1011; Smith v. Smith, 4 Ida. 1, 35 Pac. 697; Merchants’ Bank v. McClelland, 9 Colo. 608, 13 Pae. 723; Vollmer v. Reid’s Estate, 10 Ida. 196, 204, 77 Pac. 325; Stanley v.…

1Opinion of the CourtSullivan, C. J.

This action was brought to recover on a promissory note executed by the defendant. An attachment was issued and levied on certain real estate belonging to the defendant, and also on certain personal property, but no question is raised on this appeal in regard to the personal property.

The defendant filed a cross-complaint, claiming that the property on which the attachment was levied was exempt from execution under the provisions of sec. 2296, U. S. Rev. Stats. (6 Fed. Stats. Ann., p. 307; 5 U. S. Comp. Stats. (1916), see. 4551), on the ground that said indebtedness was incurred before the…

2Cases cited4 opinions

  1. Ruddy v. RossiIdaho Supreme Court · 1916
  2. Smith v. SmithIdaho Supreme Court · 1894
  3. In re O'NeilDistrict Court, N.D. New York · 1911
  4. Vollmer v. Estate of ReidIdaho Supreme Court · 1904

3Cited by3 opinions

  1. Hatten R. Co. v. Baylies Et Ux.Wyoming Supreme Court · 1930
  2. Walker v. Farmers Bank of KendrickIdaho Supreme Court · 1925
  3. Interstate Trust Co. v. HeadlundUtah Supreme Court · 1918

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