Diamond Bank v. Van Meter
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District of the State of Idaho, in and for Twin Falls County. Hon. Edward A. Walters, Judge. An action to foreclose a real estate mortgage. Judgment ■ for plaintiff. Defendant appeals. The granting of a loan by a foreign corporation, and the taking as security of a note and mortgage on property within the state, is the doing of business, and comes within the spirit of the law. (Chattanooga etc.
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APPEAL from the District Court of the Fourth Judicial District of the State of Idaho, in and for Twin Falls County. Hon. Edward A. Walters, Judge. An action to foreclose a real estate mortgage. Judgment ■ for plaintiff. Defendant appeals. The granting of a loan by a foreign corporation, and the taking as security of a note and mortgage on property within the state, is the doing of business, and comes within the spirit of the law. (Chattanooga etc. Assn. v. Denson, 189 U. S. 408, 23 Sup. Ct. 630, 47 L. ed. 870.) In support of the general proposition that what the plaintiff did comes within the…
1Opinion of the CourtStewart, C. J.
This is an action to foreclose a mortgage upon certain real estate located in Twin Falls county,, this state.
The case was tried to the court, and judgment rendered in favor of the plaintiff, foreclosing said mortgage. This appeal is from the judgment.
The only question presented on this appeal is the demurrer-to the complaint. The complaint contains the following allegations : ‘ ‘ The Diamond Bank is, and was at all times herein mentioned, a corporation organized and existing under and' by virtue of the laws of the state of Missouri and engaged. *228in a general banking business in said state of…
2Cases cited2 opinions
- Foore v. Simon Piano Co.Idaho Supreme Court · 1910
- Bonham National Bank of Fairbury v. Grimes Pass Placer Mining Co.Idaho Supreme Court · 1910
3Cited by8 opinions
- Northern Pacific Railway Co. v. GiffordIdaho Supreme Court · 1913
- Perry v. ReynoldsIdaho Supreme Court · 1942
- Burlington Savings Bank v. GraysonIdaho Supreme Court · 1927
- Land Development Corp. v. CannadayIdaho Supreme Court · 1953
- Continental Assurance Co. v. IhlerIdaho Supreme Court · 1933
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