Shellenberger v. Nourse
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to recover on a promissory note. Judgment for plaintiff. The admissibility of the evidence adduced to show the respondent’s knowledge of such facts and circumstances as would make his action in taking the instrument bad faith is c] early established by the authorities.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to recover on a promissory note. Judgment for plaintiff. The admissibility of the evidence adduced to show the respondent’s knowledge of such facts and circumstances as would make his action in taking the instrument bad faith is c] early established by the authorities. Knowledge need not necessarily be proved by direct and positive evidence; on file contrary, it may be inferred from facts and circumstances. (Park v. Wooten, 35 Ala. 242; Kneeland v. Wilson, 12 Cal. 241; Knight v.…
1Opinion of the CourtSullivan, J.
This action was brought to recover on a promissory note dated May 21, 1908, for $873, principal, with interest, and $125 attorney’s fees and costs of suit. The note was given to the Great Western Beet Sugar Company of Mountainhome as partial payment on a water right. It is alleged that prior to the maturity of the note, on the 29th day of May, 1908, said sugar company for a valuable consideration transferred and delivered said promissory note to the plaintiff; that the plaintiff now is, and ever since said note was indorsed to him has been, the owner and holder thereof; that no part thereof…
2Cases cited4 opinions
- Winter v. NobsIdaho Supreme Court · 1910
- German-American Bank v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1904
- Merrill v. HoleSupreme Court of Iowa · 1892
- Cass County Bank v. WeberSupreme Court of Iowa · 1891
3Cited by12 opinions
- Estate of Philpott v. PhilpottSupreme Court of Iowa · 1915
- Hill v. DillonMissouri Court of Appeals · 1913
- Merchants National Bank v. GrigsbySupreme Court of Iowa · 1914
- Taylor & Co. v. Nehi Bottling Co.Court of Appeals of Texas · 1930
- Park v. BrandtIdaho Supreme Court · 1911
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