Winter v. Hutchins
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for the County of Bonner. Hon. Robert N. Dunn, Judge. Action on a promissory note. Judgment for plaintiff and defendants appeal. The note is not admissible in evidence without proof of the indorsement when objection is made to the introduction of the instrument by the defendant.
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APPEAL from the District Court of the Eighth Judicial District for the County of Bonner. Hon. Robert N. Dunn, Judge. Action on a promissory note. Judgment for plaintiff and defendants appeal. The note is not admissible in evidence without proof of the indorsement when objection is made to the introduction of the instrument by the defendant. (Grogan v. Buckle, 1 Cal. 158; Youngs v. Bell, 4 Cal. 201; Pinkham & McDonough v. McFarland & Elrod, 5 Cal. 137; Poorman v. Mills & Co., 35 Cal. 118, 95 Am. Dec. 90.) One taking a negotiable instrument by assignment takes it subject to all the equities…
1Opinion of the CourtAilshie, J.
This action was prosecuted by the indorsee of a promissory note. The defendants admitted the execution of the note but denied the delivery of the note and al*751leged fraud in procuring the execution thereof and charged that the plaintiff had notice of these defenses before purchasing the note. A verdict was returned by the jury in favor of the plaintiff and judgment was thereupon entered. Defendant moved for a new trial and appealed from the judgment and an order denying his motion.
The only question arising on this appeal is as to the admissibility of certain evidence and the sufficiency of the…
2Cases cited4 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
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- Kaufman Oil Mill v. North Texas Nat. Bank in DallasCourt of Appeals of Texas · 1929
- Brown v. MillerIdaho Supreme Court · 1912
- Valley Bank v. Monarch Investment Co.Idaho Supreme Court · 1990
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