Carstensen & Anson Co. v. Wright
Idaho Supreme Court
APPEAL from tbe District Court of the Ninth Judicial District for the County of Bonneville. Hon. James G. Gwinn, Judge. An action of claim and delivery and for wrongful detention, and in a second cause of action praying that the second note be declared void and. that any lien or claim thereunder be annulled and that respondent produce the note and deliver it up to be canceled.
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APPEAL from tbe District Court of the Ninth Judicial District for the County of Bonneville. Hon. James G. Gwinn, Judge. An action of claim and delivery and for wrongful detention, and in a second cause of action praying that the second note be declared void and. that any lien or claim thereunder be annulled and that respondent produce the note and deliver it up to be canceled. The original* note or contract is a non-negotiable instrument, and is governed by the same rules of law as any other chattel; the mere possession of personal property of itself does not carry with it the right of the…
1Opinion of the CourtStewart, J.
The complaint in this ease alleges two causes of action, one for claim and delivery in the usual form for the recovery of the original contract note and for dam*496ages for the wrongful detention of the same. The second cause of action alleges the conditions under which the note was obtained and that by virtue of the same the respondent claims some interest in or title to the property described in the first cause of action, and that such claim was without right and that there was no consideration for said note. It is alleged in the complaint that the plaintiff herein is the owner of the original…
2Cases cited12 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Boon v. F. M. Weathered's AdministratorTexas Supreme Court · 1859
- Cowdrey v. VandenburghSupreme Court of the United States · 1880
- Levi v. BoothCourt of Appeals of Maryland · 1882
- Bank v. Ohio Valley Furniture Co.West Virginia Supreme Court · 1905
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3Cited by3 opinions
- Schleiff v. McDonaldIdaho Supreme Court · 1925
- First National Bank v. McCartanSupreme Court of Iowa · 1927
- Mountain Home Sheep Co. v. FaradayIdaho Supreme Court · 1923