Legal Opinion

Spencer v. John

Idaho Supreme Court

Decided April 27, 1921PublishedCited by 8 opinions

APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed L. Bryan, District Judge. , Action to recover upon a promissory note. Judgment for defendant. There is no substantial testimony opposed to that of appellant. Appellant’s evidence in this case consisted entirely of depositions and documentary evidence. The evidence of respondent was all taken orally before the jury.

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APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed L. Bryan, District Judge. , Action to recover upon a promissory note. Judgment for defendant. There is no substantial testimony opposed to that of appellant. Appellant’s evidence in this case consisted entirely of depositions and documentary evidence. The evidence of respondent was all taken orally before the jury. They saw and heard the respondent and his witnesses, and did not see or hear the appellant or his witnesses. Therefore, it would be unfair for this court not to examine the evidence throughout…

1Opinion of the CourtBudge, J.

This is an action to recover upon a promissory note executed and delivered by respondent to one Effie L. Minton, and by her transferred before maturity to appellant. This appeal is from a judgment in favor of respondent and from an order denying a motion for a new trial.

The material facts are as follows: Respondent owned certain lands in Washington and Idaho counties, which he .traded to M. J. Minton for a business block in Grange-ville, Idaho county, assuming a mortgage of $6,000 thereon, and giving a note for $1,500, dated May 15, 1914, and due two years thereafter, payable to Effie L.…

2Cases cited6 opinions

  1. Crowley v. Croesus Gold & Copper Mining Co.Idaho Supreme Court · 1906
  2. Bumpas v. MooreIdaho Supreme Court · 1918
  3. Doust v. Rocky Mountain Bell Telephone Co.Idaho Supreme Court · 1908
  4. Noble v. HarrisIdaho Supreme Court · 1920
  5. Pedersen v. MooreIdaho Supreme Court · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Boomer v. IsleyIdaho Supreme Court · 1930
  2. Douglas v. KenneyIdaho Supreme Court · 1925
  3. Clarke v. Blackfoot Water Works, Ltd.Idaho Supreme Court · 1924
  4. Brooks v. Lewiston Business College, Inc.Idaho Supreme Court · 1929
  5. McCarty v. WarnkinIdaho Supreme Court · 1922

3 more not listed; retrieve them via the Exa API.

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