Meholin v. Carlson
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action by the receiver of the Capital State Bank to foreclose a pledge and to recover on the promissory note' of the appellant given as the purchase price for ten shares of the capital stock of said bank. Judgment for the receiver.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action by the receiver of the Capital State Bank to foreclose a pledge and to recover on the promissory note' of the appellant given as the purchase price for ten shares of the capital stock of said bank. Judgment for the receiver. The ground upon which the motion to strike was made (Trans., fol. 58), that defendant sought to vary the terms of the note by parol, is not tenable, and the distinction is clearly pointed out in Burke v. Dulaney, 153 U. S. 228,14 Sup. Ct. 816, 38 L. ed. 698. The…
1Opinion of the CourtSullivan, C. J.
— This action was brought by the plaintiff as receiver, to foreclose an alleged pledge agreement and for other purposes. It is alleged, among other things, in the complaint, that the defendant and appellant, Carlson, on December 10, 1907, executed and delivered to the Capital State Bank his promissory note for $1,400, to secure the payment of which he pledged to the bank ten shares of its capital stock represented by certificate No. 183; that said note and the stock certificate came into respondent’s hands, as receiver of said bank; that said promissory note has not been paid, and prays for a…
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