Gold Fork Lumber Co. v. Sweany & Smith Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Reddoch, Judge. Action for cancelation of mortgage. Judgment for defendant. The mortgage was given to secure Daniel Allen’s individual debt created before the partnership was organized, and was executed in his own name, and in such case the firm is not liable, and the mortgage is void as against the appellant. (30 Cyc. 69-71; First Nat.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Reddoch, Judge. Action for cancelation of mortgage. Judgment for defendant. The mortgage was given to secure Daniel Allen’s individual debt created before the partnership was organized, and was executed in his own name, and in such case the firm is not liable, and the mortgage is void as against the appellant. (30 Cyc. 69-71; First Nat. Bank v. State Bank, 131 Fed. 422, 65 C. C. A. 406; National Bank v. Cringan, 91 Ya. 347, 21 S. E. 820; Burt v. ColUns, 2 Cal.« Unrep. 256, 3 Pac. 128 ; Funk v.…
1Opinion of the CourtBudge, J.
This action was brought by appellant to vacate, cancel and set aside a purported chattel mortgage upon a sawmill located near Cascade, Yalley county.
From the record it appears that during the years 1913 and 1914, a contract existed between respondent and one Daniel Allen for cutting and hauling ties upon certain lands leased or owned by respondent, in connection with which Daniel Allen employed his sons, D. E., C. W. and J. R. Allen; and that upon the completion of the work, about September 1, 1914, Daniel Allen was indebted to respondent in the sum of $1,481.50, for which on November 16,…
2Cases cited7 opinions
- Stockley v. School District No. 1 of Portage Township.Michigan Supreme Court · 1925
- Johnson v. HoganMichigan Supreme Court · 1909
- Deeter v. SellersIndiana Supreme Court · 1885
- Merritt v. DickeyMichigan Supreme Court · 1878
- Way v. StebbinsMichigan Supreme Court · 1882
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3Cited by4 opinions
- In Re DeckerDistrict Court, W.D. Virginia · 1969
- Picetti v. OrcioNevada Supreme Court · 1936
- Gatts v. E.G.T.G., GMBHOhio Court of Appeals · 1983
- Columbia Mortgage Co. v. HsiehCourt of Appeals of Washington · 1985