Brown v. Hardin
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District^ for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action on promissory notes. A conflict in the testimony which does not go to the controlling question in the case will not invoke the rule of non-disturbance of the verdict by .the appellate court.
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APPEAL from the District Court of the Fourth Judicial District^ for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action on promissory notes. A conflict in the testimony which does not go to the controlling question in the case will not invoke the rule of non-disturbance of the verdict by .the appellate court. (Breshears v. Callender, 23 Ida. 348, 131 Pac. 15.) The rule, so far as collateral security is concerned, does not force us to realize upon the security, but only to exercise ordinary diligence in handling same, and we are entitled to retain same and do not have to bring suit thereon…
1Opinion of the CourtRice, J.
This action was instituted by appellant to recover the balance upon two promissory notes executed by the respondent in favor of Reeves & Company, a corporation of Columbus, Ind., as part payment for a certain threshing engine. The notes had been indorsed by Reeves & Company to the Northville State Bank of Northville, S. D., and by the bank indorsed to the appellant herein. The notes in question were secured by a chattel mortgage executed by the respondent upon the engine, as well as some additional personal property. The respondent admits the execution of the notes. As an affirmative defense…
2Cases cited3 opinions
- Orr v. State Board of EqualizationIdaho Supreme Court · 1891
- Holt v. Spokane & Palouse Railway Co.Idaho Supreme Court · 1893
- Fouch v. BatesIdaho Supreme Court · 1910
3Cited by29 opinions
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1933
- Hepp v. AderIdaho Supreme Court · 1942
- Wormward v. TaylorIdaho Supreme Court · 1950
- Rollefson v. Lutheran BrotherhoodIdaho Supreme Court · 1942
- Smith v. ShinnIdaho Supreme Court · 1960
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