Kimpton v. Studebaker Bros.
Idaho Supreme Court
APPEAL from the District Court of Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. , Action to recover for personal property delivered to the (defendant. Judgment for plaintiff. Where a note contains any provisions other than for the unconditional payment of money, it is non-negotiable.
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APPEAL from the District Court of Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. , Action to recover for personal property delivered to the (defendant. Judgment for plaintiff. Where a note contains any provisions other than for the unconditional payment of money, it is non-negotiable. (South-bend Iron Works v. Paddock, 37 Kan. 510,15 Pac. 574.) And a maker can maintain any defense against an assignee that he might have maintained against an original party. (Smith v. Marland, 59 Iowa, 645,13 N. W. 852; Story v. Lamb, 52 Mich. 525, 18 N. W. 249; First Nat. Bank v. Carson,…
1Opinion of the CourtSullivan, J.
This action was brought to recover the value of a surrey and set of harness, which it is alleged that plaintiff delivered to the defendant to be sold by it, and that defendant agreed to sell the same for the plaintiff for $135 or return the same to the plaintiff in case no sale was made; that the defendant sold said property but failed and neglected to pay the plaintiff for the same. The answer denies that the defendant received said personal property as alleged in the complaint, and denies that it agreed to sell the same for plaintiff for $135 or for any sum whatever, or that it agreed to…
2Cases cited8 opinions
- Barker v. HarveySupreme Court of the United States · 1901
- Manning v. PolingSupreme Court of Iowa · 1900
- Choate v. StevensMichigan Supreme Court · 1898
- Warren v. StoddartIdaho Supreme Court · 1899
- Union Stock Yards National Bank v. BolanIdaho Supreme Court · 1908
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3Cited by18 opinions
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- Bell v. Idaho Finance Co.Idaho Supreme Court · 1953
- Holliday State Bank v. HoffmanSupreme Court of Kansas · 1911
- Tarr v. Western Loan & Savings Co.Idaho Supreme Court · 1909
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