Legal Opinion

Vollmer Clearwater Co. v. Rogers

Idaho Supreme Court

Decided November 9, 1907PublishedCited by 2 opinions

APPEAL from the District Court of Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. Action to recover balance due on promissory note. Judgment for defendants. The objection to the introduction in evidence of defendant’s exhibits 2, 3, 6, and 7, should have been sustained.

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APPEAL from the District Court of Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. Action to recover balance due on promissory note. Judgment for defendants. The objection to the introduction in evidence of defendant’s exhibits 2, 3, 6, and 7, should have been sustained. Their introduction did not show, or tend to show, payment of any part of the note sued on but brought issues into the case that were clearly and entirely collateral, and their only effect was to confuse and prejudice the jury. The point at issue in this case was as to whether the note for $1,600 had…

1Opinion of the CourtSullivan, J.

This action was brought to recover $618.40, with interest thereon, alleged to be the balance due on a promissory note of $1,600. The complaint contains the usual allegations in such actions. The answer denied all of *566the material allegations of the complaint, except the execution and delivery of said promissory note, and avers payment in full. The case was tried before the court, with a jury, and resulted in a verdict for the defendant upon which a judgment was entered. A motion for a new trial was made and overruled by the court, and this appeal is from the order denying a new trial.

Three…

Also in this document: Concurrence.

2Cited by2 opinions

  1. Commercial Trust Co. v. Idaho Brick Co.Idaho Supreme Court · 1913
  2. Church v. Van HousenIdaho Supreme Court · 1908

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