Home Land Co. v. Osborn
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, in and for Nez Perce County. Hon. Edgar C. Steele, Judge. Action by indorsee against maker and guarantor on a promissory note. Judgment for plaintiff and defendant guarantor appealed. The process that this note went through and the operation of rediscounting a note as testified to by the witnesses make the transaction between the First National Bank of Nez Perce and Effingham State Bank a pledge.
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APPEAL from the District Court of the Second Judicial District, in and for Nez Perce County. Hon. Edgar C. Steele, Judge. Action by indorsee against maker and guarantor on a promissory note. Judgment for plaintiff and defendant guarantor appealed. The process that this note went through and the operation of rediscounting a note as testified to by the witnesses make the transaction between the First National Bank of Nez Perce and Effingham State Bank a pledge. (31 Cye. 785, 786; 2 Kent, Commentaries, star p. 577; Jones on Bailmehts, 117; Brewster v. Hartley, 37 Cal. 15, 99 Am. Dec. 237.) The…
1Opinion of the CourtAilshie, J.
(After stating the facts.) — A great number
of errors have been assigned on the admission and rejection of evidence and the giving of certain instructions by the court and the refusing to give others, but they all revolve about the leading and decisive question presented by appellant to the effect that the note sued on was merely a pledge in the hands of the Effingham bank, and that the title to the same never passed to the bank and that the bank was unable' to pass title to the respondent in this case. If that question should be resolved against the contention of appellant, the other…
2Cases cited1 opinion
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