Keane v. Kibble
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to have written instrument, in form a conditional sale note, decreed to be a chattel mortgage and foreclosed. Appeal from an order appointing a receiver and from an order denying the motion to set aside the appointment. There can be no mortgage without a conveyance from a debtor to a creditor.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to have written instrument, in form a conditional sale note, decreed to be a chattel mortgage and foreclosed. Appeal from an order appointing a receiver and from an order denying the motion to set aside the appointment. There can be no mortgage without a conveyance from a debtor to a creditor. (Jones on Chattel Mortgages, sec. 26a, p. 36.) The interest contemplated within the provisions of subd. 1, sec. 4329, Rev. Codes, as amended, must of necessity be an interest cognizable in…
1Opinion of the CourtMorgan, J.
On February 13, 1913, the appellants above named made, executed and delivered to respondent their promissory note in words and figures as follows:
“Boise, Idaho, February 13, 1913.
“On or before two (2) years from date thereof, for value received, I, we or either of us promise to pay to the order of J. J. Keane, Three Thousand One Hundred ($3,100) Dollars, in lawful money of the United States of America, with interest thereon in like lawful money from date until paid at the rate of ten (10) per cent per annum, interest to be paid monthly, and if not so paid the whole sum of both principal and…
2Cases cited6 opinions
- Hudson v. WilkinsonTexas Supreme Court · 1876
- Morgan's Assignees v. ShinnSupreme Court of the United States · 1873
- Smith v. PflugerWisconsin Supreme Court · 1905
- Mower v. McCarthySupreme Court of Vermont · 1906
- D. A. Tompkins Co. v. Monticello Cotton Oil Co.U.S. Circuit Court for the Southern District of Georgia · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Evans State Bank v. SkeenIdaho Supreme Court · 1917
- Beus v. TerrellIdaho Supreme Court · 1928
- Skeen v. District Court of the Fifth Judicial DistrictIdaho Supreme Court · 1916
- Schleiff v. McDonaldIdaho Supreme Court · 1925
- Miller-Cahoon Co. v. LawrenceIdaho Supreme Court · 1918