Rinker v. Lauer
Idaho Supreme Court
APPEAL from the District Court of Seveuth Judicial District for Canyon County. Hon. Frank J. Smith, Judge. Action to recover on promissory note. Payment pleaded as a defense. Judgment in favor of plaintiff. Each item and claim that the defendánt had against the plaintiff was an offset at the date of its creation of so much principal and interest then due on the various notes. A statement of the claim and the demand for credit has never been necessary to recover.
Read the full summary
APPEAL from the District Court of Seveuth Judicial District for Canyon County. Hon. Frank J. Smith, Judge. Action to recover on promissory note. Payment pleaded as a defense. Judgment in favor of plaintiff. Each item and claim that the defendánt had against the plaintiff was an offset at the date of its creation of so much principal and interest then due on the various notes. A statement of the claim and the demand for credit has never been necessary to recover. No demand is necessary before bringing an action for the recovery of the price of articles sold and delivered, where the contract…
1Opinion of the CourtSullivan, J.
This action was brought to recover balance claimed to be due on four certain promissory notes for $100 each, that bore interest at the rate of eight per cent per annum. The plaintiff prayed for judgment, for the sum of $221.51 and an attorney’s fee of $100.
The answer denies that there is anything due whatever on said notes, and avers that they have been paid in full, and as a further defense a counterclaim, or setoff, is plead against the plaintiff for the sum of $100, alleged to have been commission for the sale of certain real estate belonging to the plaintiff and agreed to be paid by him;…
2Cited by7 opinions
- Pioneer Constructors v. SymesArizona Supreme Court · 1954
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Raleigh County Bank v. PoteetWest Virginia Supreme Court · 1914
- Tipton v. EllsworthIdaho Supreme Court · 1910
- Eldred v. CL Folkman CompanyIdaho Supreme Court · 1969
2 more not listed; retrieve them via the Exa API.