Storer v. Heitfeld
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to recover money paid at the request of the defendants. Judgment for plaintiffs.
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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to recover money paid at the request of the defendants. Judgment for plaintiffs. If the third person for whom the money is promised remains still responsible to the person who supplies the articles, or from whom the consideration proceeds, the promise to pay for the third person is collateral, as it is called, not an original promise, and therefore is’ not actionable because of the statute of frauds. {Johnson v. Bank, 60 W. Ya. 326, 55 S. E. 394; Mankin v. Jones, 63 W. Ya.…
1Opinion of the CourtSullivan, C. J.
— This is an action brought by the plaintiff against the defendants to recover the sum of $2,500, with interest thereon from September 9, 1903. The plaintiff alleges in his complaint that on September 9, 1903, he paid to one A. N. Buchanan said sum of money at the request of the defendants and that they agreed to pay said sum to plaintiff within ten days thereafter; that although demand for payment has been made, the defendants have failed and refused to pay the sum or any part thereof. After demurrer was overruled the defendants answered and denied that plaintiff at any time at the request…
Also in this document: Concurrence.
2Cases cited7 opinions
- Storer v. HeitfeldIdaho Supreme Court · 1909
- Johnson v. BankWest Virginia Supreme Court · 1906
- Harris v. FrankCalifornia Supreme Court · 1889
- Webb v. Hawkins Lumber Co.Supreme Court of Alabama · 1893
- Mankin v. JonesWest Virginia Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mickelsen Construction, Inc. v. HorrocksIdaho Supreme Court · 2013
- Hoy v. AndersonIdaho Supreme Court · 1924
- Magee v. WinnIdaho Supreme Court · 1932
- Mickelsen Construction, Inc. v. HorrocksIdaho Supreme Court · 2013
- Mickelsen Construction, Inc. v. HorrocksIdaho Supreme Court · 2013