Brown v. Macey
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Frank J. Smith, Judge. Action by plaintiff upon a promissory note. Answer and cross-complaint in confession and avoidance. Judgment for the plaintiff; defendant moved for a new trial and appealed from the order denying the same. The court failed to find upon all the material issues presented by the pleadings.
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APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Frank J. Smith, Judge. Action by plaintiff upon a promissory note. Answer and cross-complaint in confession and avoidance. Judgment for the plaintiff; defendant moved for a new trial and appealed from the order denying the same. The court failed to find upon all the material issues presented by the pleadings. (Wood v. Broderson (Idaho), 85 Pac. 490; Carson v. Thews, 2 Idaho, 176, 9 Pac. 605; Tage’s Admr. v. Alberts, 2 Idaho, 271, 13 Pac. 19; Bowman v. Ayers, 2 Idaho, 305, 13 Pac. 346; Standley v.…
1Opinion of the CourtAilshie, C. J.
This action was commenced by the respondent on the seventeenth day of March, 1905, for the recovery of the sum of $15,000, together with interest claimed to be due on a promissory note executed and delivered by the defendant on June 25, 1902. The defendant answered the complaint and also filed a cross-complaint. By his an*453swer he admits the execution and delivery of the note and sets up a further and separate answer in the nature of a confession and avoidance. He alleges that the note was given in part payment for a mining claim;' that at the time of the transaction he paid the sum of $1,000…
2Cases cited13 opinions
- Kaiser v. DaltoCalifornia Supreme Court · 1903
- Knight v. RocheCalifornia Supreme Court · 1880
- Spotts v. HanleyCalifornia Supreme Court · 1890
- Wood v. BrodersonIdaho Supreme Court · 1906
- Haight v. TryonCalifornia Supreme Court · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gould v. HillIdaho Supreme Court · 1926
- Reynolds Irr. Dist. v. SproatIdaho Supreme Court · 1948
- MacDonald v. OganIdaho Supreme Court · 1940
- Hill v. PorterIdaho Supreme Court · 1924
- Bowers v. CottrellIdaho Supreme Court · 1908
15 more not listed; retrieve them via the Exa API.