Hudson v. Carlson
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action on promissory notes. Costs and attorney’s fees cannot be recovered unless demand is made upon the mortgagor for the possession of mortgaged property before the foreclosure proceedings and an allegation showing such demand be made in the complaint.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action on promissory notes. Costs and attorney’s fees cannot be recovered unless demand is made upon the mortgagor for the possession of mortgaged property before the foreclosure proceedings and an allegation showing such demand be made in the complaint. (Tappin v. McCabe, 27 Ida. 402, 149 Pac. 460.) No general authority in Nelson to assent to the extension of time of payment was shown and the burden'of showing such fact rests upon the party asserting the same. (2 Corpus Juris, 925.) A…
1Opinion of the CourtBudge, C. J.
This is an action on certain promissory notes. It is unnecessary to recite the pleadings; such portions as are material will be referred to in the course of the opinion.
On August 7, 1913, one Heumann made and delivered to appellant 39 promissory notes for $35 each and one for $56, maturing consecutively at the end of each week thereafter, the last note falling due on May 11, 1914. The notes bore interest at the rate of eight per cent per annum. To secure the same a. chattel mortgage was given on certain personal property used in connection with the City Bakery in Coeur d’Alene. Thirty-two of…
2Cases cited1 opinion
- Tappin v. McCabeIdaho Supreme Court · 1915
3Cited by3 opinions
- First Nat. Bank of Pocatello v. PolingIdaho Supreme Court · 1926
- Hammitt v. Virginia Mining Co.Idaho Supreme Court · 1919
- Advance Rumley T. Co., Inc. v. AyresIdaho Supreme Court · 1929