Fralick v. Coeur D'Alene Bank & Trust Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Action to collect debts of insolvent bank. Judgment against makers of two promissory notes. Cases in which partnership claims have been set off: Tucker v. Oxley, 5 Cranch (U. S.), 34, 3°L. ed. 29; Funk v. Yoxmg, 138 Ark. 38, 210 S. W. 143, 5 A. L. E. 79; St. Paul & Minneapolis Trust Co. v. Leek, 57 Minn. 87, 47 Am.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Action to collect debts of insolvent bank. Judgment against makers of two promissory notes. Cases in which partnership claims have been set off: Tucker v. Oxley, 5 Cranch (U. S.), 34, 3°L. ed. 29; Funk v. Yoxmg, 138 Ark. 38, 210 S. W. 143, 5 A. L. E. 79; St. Paul & Minneapolis Trust Co. v. Leek, 57 Minn. 87, 47 Am. St. 576, 58 N. W. 826. If it is necessary to effect a clear equity or to avoid irremediable injustice, a setoff will be allowed though the debts are not mutual. (Cosgrove…
1Opinion of the CourtBudge, J.
From the record in this case it appears that prior to November 2, 1920, the Coeur d’Alene Bank and Trust Company, a corporation, was engaged in a general banking business at Coeur d’Alene, Idaho; that during the latter part of the year 1915 it employed E. Y. Boughton, a member of the law firm of Reed and Boughton, to foreclose a chattel mortgage of $3,000; that proceedings in foreclosure were properly instituted, and thereafter a stipulation was entered into between the mortgagor and the bank, through said attorneys, whereby certain payments were to be made from time to time by the mortgagor…
2Cases cited1 opinion
- International Bank v. JonesIllinois Supreme Court · 1887
3Cited by7 opinions
- Bank of Anderson v. AllenSupreme Court of South Carolina · 1928
- In Re Bank of SampsonSupreme Court of North Carolina · 1933
- Oliver v. GodleyCourt of Appeals of Georgia · 1928
- Hansbrough v. D. W. Standrod & Co.Idaho Supreme Court · 1926
- Wolcott, Receiver v. PierreIndiana Court of Appeals · 1934
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