Mark Means Transfer Co. v. Mackinzie
Idaho Supreme Court
ORDER on motion to discharge attachment. The facts are stated in the opinion. • The affidavit of Mark Means and James Hayes clearly shows that at the time of the sale the property was delivered to respondent, and that he, respondent, has had possession thereof ever since, and that appellants have not at any time thereafter been in, or claimed possession thereof. This affidavit is uncontradicted.
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ORDER on motion to discharge attachment. The facts are stated in the opinion. • The affidavit of Mark Means and James Hayes clearly shows that at the time of the sale the property was delivered to respondent, and that he, respondent, has had possession thereof ever since, and that appellants have not at any time thereafter been in, or claimed possession thereof. This affidavit is uncontradicted. If appellants did not retain possession, how could there be a pledge? Section 3410 of the Eevised Statutes defines a pledge: “The lien of a pledge is dependent on possession, and no pledge is valid…
1Opinion of the CourtStockslageb, J.
This case is here for review on appeal from an order of the district court, Nez Perce county, dissolving and discharging an attachment.
*168We’ gather the following facts from the records: On the second day of July, 1901, respondent executed and delivered to appellants the following promissory note:
“Lewiston, Idaho, July 2nd, 1901.
“No. --.
“For value received, on or before the 1st day of Oct. 1901, I promise to pay to the order of Mark Means Transfer Co., of Lewiston, Idaho, at Lewiston, Idaho, in gold coin, $110.00, one hundred ten no-100 dollars with interest at ten per cent, per annum from date…
2Cases cited3 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Payne v. BensleyCalifornia Supreme Court · 1857
- Willman v. FriedmanIdaho Supreme Court · 1893
3Cited by19 opinions
- Mochel v. ClevelandIdaho Supreme Court · 1930
- Blankenship v. MyersIdaho Supreme Court · 1975
- Foore v. Simon Piano Co.Idaho Supreme Court · 1910
- Barton v. GrosecloseIdaho Supreme Court · 1905
- Neitzel v. LawrenceIdaho Supreme Court · 1924
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