Cupples v. Stanfield
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover amount of two drafts. From judgment for plaintiffs, defendant appeals. There was no evidence introduced in support of the existence of the copartnership of Cupples and Mitchell or Cupples Mercantile Co., and for this reason the plaintiff is not entitled to recover.
Read the full summary
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover amount of two drafts. From judgment for plaintiffs, defendant appeals. There was no evidence introduced in support of the existence of the copartnership of Cupples and Mitchell or Cupples Mercantile Co., and for this reason the plaintiff is not entitled to recover. (20 R. C. L., p. 847, sec. 52; 30 Cye., sec. 556; C. S., sec. 5666; Gilman v. Cosgrove, 22 Cal. 356; Harrison v. McCormick, 69 Cal. 616, 11 Pae. 456; Pdte v. Bacon & Co., 6 Munf. (Va.) 219.) Declarations…
1Opinion of the Court
DUNN,' J.
This action was brought by respondents against appellant and C. D. Wood and L. R. Wrinkle to recover the amount of two drafts drawn on appellant by C. D. Wood, one of the defendants in the court below. The claim against appellant rests upon the contention that the said C. D. Wood at the time he drew the drafts in controversy was acting as the agent of appellant. A verdict was returned by the jury in favor of respondents and thereupon judgment was entered by the court against appellant. Appellant moved for a new trial, which was denied. Appeal was taken from the judgment and order…
2Cases cited1 opinion
- Clear Lake Power & Improvement Co. v. ChriswellIdaho Supreme Court · 1918
3Cited by19 opinions
- Hayward v. YostIdaho Supreme Court · 1952
- Geist v. MooreIdaho Supreme Court · 1937
- Clark v. GneitingIdaho Supreme Court · 1972
- Lallatin Ex Rel. Lallatin v. TerryIdaho Supreme Court · 1959
- Killinger v. IestIdaho Supreme Court · 1967
14 more not listed; retrieve them via the Exa API.