Legal Opinion

Bank of Montpelier v. Montpelier Lumber Co.

Idaho Supreme Court

Decided June 11, 1909PublishedCited by 8 opinions

APPEAL from tbe District Court of the Fifth Judicial District, for Bear Lake County. Hon. Alfred Budge, Judge. Action against the maker and indorsers of a promissory note ifor the balance due thereon. Judgment for plaintiff and the indorsers appealed. Notice to the indorsers is absolutely necessary to charge them, otherwise they are discharged. (Sess. Laws 1903, p. 395, sec. 89; Rockfield v. First Nat.

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APPEAL from tbe District Court of the Fifth Judicial District, for Bear Lake County. Hon. Alfred Budge, Judge. Action against the maker and indorsers of a promissory note ifor the balance due thereon. Judgment for plaintiff and the indorsers appealed. Notice to the indorsers is absolutely necessary to charge them, otherwise they are discharged. (Sess. Laws 1903, p. 395, sec. 89; Rockfield v. First Nat. Bank, 77 Ohio St. 311, 83 N. E. 392, 14 L. R. A., N. S., 842, 847, and notes appended.) And there is no question but what these defendants are indorsers. (Sess. Laws 1903, p. 391, sec. 63;…

1Opinion of the CourtAilshie, J.

This action was instituted by the Bank of Montpelier against the Montpelier Lumber Company, a corporation, and James Redman, Walter Hoge, M. Rosenbaum, Alex Beckman, Alphonzo Quayle, W. D. Ream and William Quayle, to recover on a certain promissory note for $1,300, together with interest and attorneys’ fees. This note was executed by the defendant lumber company on the 17th day of May, 1903, due sixty days after date, and was indorsed by the other defendants on the same day and prior to delivery.

The plaintiff alleged that at the time of the execution of the note by the company, and before its…

2Cases cited15 opinions

  1. People v. ColemanCalifornia Supreme Court · 1854
  2. Rein v. CallawayIdaho Supreme Court · 1901
  3. Toole v. CraftsMassachusetts Supreme Judicial Court · 1906
  4. Coddington v. DavisNew York Supreme Court · 1846
  5. City Savings Bank v. HopsonSupreme Court of Connecticut · 1885

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3Cited by8 opinions

  1. Case v. McKinnisOregon Supreme Court · 1923
  2. Thompson v. CurryWest Virginia Supreme Court · 1917
  3. Jeppesen v. Rexburg State BankIdaho Supreme Court · 1936
  4. Lightner v. RoachCourt of Appeals of Maryland · 1915
  5. Stafford v. FieldIdaho Supreme Court · 1950

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