Smith v. Smith
Idaho Supreme Court
APPEAL from District Court, Elmore County. Where, in an action on a promissory note brought by an indorsee against the maker, the defendant introduces in evidence facts showing, or tending to show, or facts from which the jury might find, there was fraud in the inception of the note, the plaintiff, before he can recover, must show himself to be an innocent purchaser for value, in due course, and before maturity; and if he fail so to show, the jury must bring in a verdict for…
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APPEAL from District Court, Elmore County. Where, in an action on a promissory note brought by an indorsee against the maker, the defendant introduces in evidence facts showing, or tending to show, or facts from which the jury might find, there was fraud in the inception of the note, the plaintiff, before he can recover, must show himself to be an innocent purchaser for value, in due course, and before maturity; and if he fail so to show, the jury must bring in a verdict for the defendant. (Joy v. Diefendorf, 130 N. Y-6, 27 Am. St. Rep. 484, 28 N. E. 602; Commercial Bank of Danville v.…
1Opinion of the CourtMorgan, J.
On the eighth day of July, 1891, the defendant, Cy. V. Smith, gave his promissory note to G. W. Fletcher, Jr., for the sum of $560.10. In consideration thereof the said Fletcher, who was then assignee of the estate of Jacob Ulrich, was to resign his position as said assignee, and procure' the appointment to said position of the defendant, Cy. Y. Smith. The said Fletcher was also to transfer a quantity of property *3which the said Fletcher then held as assignee aforesaid to the said Cy. V. Smith. Fletcher claimed that 'the estate of TJlrich was indebted to him for the foregoing sum for moneys…
2Cited by11 opinions
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- First State Bank ex rel. Oelke v. WilliamsSupreme Court of Iowa · 1909
- Stewart v. SimonSupreme Court of Arkansas · 1914
- Roess Lumber Co. v. State Exchange BankSupreme Court of Florida · 1914
- Tipton v. EllsworthIdaho Supreme Court · 1910
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