Burdell v. Nereson
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action to recover on a promissory note. Verdict and judgment for the defendants. At the time plaintiff bought the note he had no knowledge or notice of any infirmity in it, or defect in the title, or notice of any facts to put him on inquiry. The fact that there was due and unpaid interest on the note is not sufficient to amount to a dishonor of the instrument.
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APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action to recover on a promissory note. Verdict and judgment for the defendants. At the time plaintiff bought the note he had no knowledge or notice of any infirmity in it, or defect in the title, or notice of any facts to put him on inquiry. The fact that there was due and unpaid interest on the note is not sufficient to amount to a dishonor of the instrument. (Winter v. Nobs, 19 Ida. 18, 29, Ann. Cas. 1912C, 302,. 112 Pac. 525; McLane v. Placerville etc. R. Co., 66 Cal. 606, 6 Pac.…
1Opinion of the Court
SULLIYAN, C. J.-
This is an action upon a promissory note in the hands of a third party who claims to be a bona fide holder for value and before maturity, which was executed by the defendants and made payable to McLaughlin Brothers. The payees indorsed and sold said note to the plaintiff before maturity.
The complaint is in the ordinary form of complaints upon promissory notes. The defendants by their answer allege fraud in obtaining the note, failure of consideration and misrepresentation on the part of McLaughlin Brothers, the original payees.
The case was tried by the court with a jury and at…
2Cases cited6 opinions
- Winter v. NobsIdaho Supreme Court · 1910
- Vaughn v. JohnsonIdaho Supreme Court · 1911
- Park v. JohnsonIdaho Supreme Court · 1911
- Park v. BrandtIdaho Supreme Court · 1911
- Vaughan v. BrandtIdaho Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- First National Bank v. HallIdaho Supreme Court · 1917