Payette National Bank v. Ingard
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. Isaac F. Smith, Judge. Action on promissory note. Judgment for plaintiff. The contract whereby the Shearer note was rediscounted was in writing. It was a contract of indorsement without recourse.
Read the full summary
APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. Isaac F. Smith, Judge. Action on promissory note. Judgment for plaintiff. The contract whereby the Shearer note was rediscounted was in writing. It was a contract of indorsement without recourse. Any contemporaneous- oral agreement to stand behind that note became merged in the written agreement, • and to admit evidence of any such agreement to change, vary or contradict the written agreement was error. (Jarratt v. Prosser, 23 Ida. 382, 130 Pac. 376; Jacobs v. Shenon, 3 Ida. 274, 29 Pac. 44; Stein v.…
1Opinion of the CourtBudge, J.
This is an action upon a promissory note for $1,776.55, given by appellants to respondent on June 10, 1915.
In their answer appellants admit the execution and delivery of the note, but allege that there was no consideration therefor; that respondent falsely and fraudulently represented to them that if they would give said note it would not look to them for payment; and that relying on said representation they executed and delivered the note as an accommodation to respondent.
*298From the record it appears that respondent is a banking corporation at Payette, and appellants were officers and…
2Cases cited7 opinions
- Bullock v. OgburnSupreme Court of Alabama · 1848
- Youngberg v. NelsonSupreme Court of Minnesota · 1892
- Pacific Railways Advertising Co. v. CarrCalifornia Court of Appeal · 1916
- Smith v. BarnerOregon Supreme Court · 1920
- Odom Realty Co. v. Central Trust Co.Court of Appeals of Georgia · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- First National Bank of Hagerman v. StringfieldIdaho Supreme Court · 1925
- Mathes v. BangsCalifornia Court of Appeal · 1932
- Weiser National Bank v. PetersSupreme Court of Arkansas · 1927
- Weiser National Bank v. PetersSupreme Court of Arkansas · 1927