Daniels v. Englehart
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fourth Judicial District, in and for Elmore County. Hon. Edward A. Walters, Judge. Action on promissory note. Judgment for defendant. Plaintiff appealed. Tbe failure of tbe defendant to set up in bis answer either a rescission of tbe contract or an offer to return tbe water right puts it beyond him to refuse tbe payment of the note.
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APPEAL from tbe District Court of tbe Fourth Judicial District, in and for Elmore County. Hon. Edward A. Walters, Judge. Action on promissory note. Judgment for defendant. Plaintiff appealed. Tbe failure of tbe defendant to set up in bis answer either a rescission of tbe contract or an offer to return tbe water right puts it beyond him to refuse tbe payment of the note. (Gowen v. Harrington, 5 Ida. 329, 48 Pac. 1059; Caldwell v. Ruddy, 2 Ida. 5 (1), 1 Pac. 339.) Plaintiff having purchased the note before maturity, and for value, even though he was an officer of the company from which he…
1Opinion of the CourtAilshie, J.
This is an action on a promissory note. Plaintiff alleged that he was a bona fide purchaser of the note prior to maturity. Defendant answered admitting the execution of the note and that the same had not been paid, but denied that the plaintiff was a bona fide holder of the note by indorsement prior to maturity thereof.
The defendant also alleged as a defense that the note was executed as part payment for a water right from the Great Western Beet Sugar Co., and that the company promised and agreed to construct reservoirs, canals and ditches and furnish the defendant with water for his tract of…
2Cases cited2 opinions
- Caldwell v. RuddyIdaho Supreme Court · 1881
- Cowen v. HarringtonIdaho Supreme Court · 1897
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- Aegerter v. RonspiesNebraska Supreme Court · 1915