Sherer v. Rubedew
Idaho Supreme Court
APPEAL from District Court in and for Latah County. Honorable Edgar C. Steele, Judge. Action for debt. From a judgment for plaintiff and an order denying a new trial, defendant appealed. The facts.are stated in the opinion. We maintain that before a party can maintain an action in his own name it must have been on a written contract made at the time the contract was entered into, and not an assignment of a debt to pay an existing indebtedness.
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APPEAL from District Court in and for Latah County. Honorable Edgar C. Steele, Judge. Action for debt. From a judgment for plaintiff and an order denying a new trial, defendant appealed. The facts.are stated in the opinion. We maintain that before a party can maintain an action in his own name it must have been on a written contract made at the time the contract was entered into, and not an assignment of a debt to pay an existing indebtedness. (Pomeroy’s Rights and Remedies, sec. 172 et seq.; Bobbins v. D ever ill, 20 Wis. 142 (cited under Pomeroy’s Rights and Remedies, sec. 173); Bowman v.…
1Opinion of the CourtAilshie, J.
— In this case judgment was entered for plaintiff, and defendant appealed therefrom, and from an order denying his motion for a new trial. The appellant contends that the complaint does not state facts sufficient to constitute a cause of action; that the evidence was not sufficient to justify the verdict and judgment, and that certain of the court’s instructions were erroneous. The complaint alleges that during the year 1903, Collins & Sherer sold and *538delivered to one Fred L. Dahlgren paints and oils for which there was a balance of $60.03 due, no part of which had been paid, and that…
2Cases cited2 opinions
- Casey v. MillerIdaho Supreme Court · 1893
- Smith v. CaldwellIdaho Supreme Court · 1899
3Cited by2 opinions
- First National Bank v. PetersonIdaho Supreme Court · 1929
- Mineau v. Imperial Dredge & Exploration Co.Idaho Supreme Court · 1911