Harrison v. Russell & Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. An action for surrender and cancellation of certain promissory notes. Judgment for defendants. Plaintiff appeals. Plea of payment is an affirmative defense and must be pleaded and established by the defendant. (2 Green, on Ev., see. 516; 18 Am. & Eng.
Read the full summary
APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. An action for surrender and cancellation of certain promissory notes. Judgment for defendants. Plaintiff appeals. Plea of payment is an affirmative defense and must be pleaded and established by the defendant. (2 Green, on Ev., see. 516; 18 Am. & Eng. Eney. of Law, 253,1st ed., and note 1.) Plaintiffs ought to have been permitted to show all the facts surrounding the making of the contract. {Ldlienthal dr Go. v. Anderson, 1 Ida. 673; Fisher v. Board, 4 Ida. 381, 39 Pac. 552; Rice v.…
1Opinion of the CourtStewabt, J.
— This ease was before this court upon a former appeal from a judgment in favor of respondent, and is reported in the 12th Idaho, commencing at page 624. Upon the reversal the cause came on for trial upon the same pleadings and issues upon which it was first tried, and upon such retrial the plaintiffs demanded the opening and close in the presentation of the evidence and the argument. This was denied and an exception taken to the ruling of the court, and this ruling is assigned as error. It appears from the record that during the discussion between counsel and court as to who had the right to…
2Cases cited13 opinions
- Rankin v. CaldwellIdaho Supreme Court · 1908
- Kroetch v. Empire Mill Co.Idaho Supreme Court · 1903
- Murphy v. Russell & Co.Idaho Supreme Court · 1901
- Small v. HarringtonIdaho Supreme Court · 1904
- County of Ada v. Bullen Bridge Co.Idaho Supreme Court · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mole v. PayneIdaho Supreme Court · 1924
- American Surety Co. of New York v. BlakeIdaho Supreme Court · 1933
- Cady v. KellerIdaho Supreme Court · 1916
- Panhandle Lumber Co. v. RancourIdaho Supreme Court · 1913
- Hill v. BiceIdaho Supreme Court · 1943
6 more not listed; retrieve them via the Exa API.