57 P. 265 | Idaho | 1899
— Plaintiff sued upon a promissory note executed to the Moscow National Bank of Moscow by defendant, for $1,500. The answer specifically denies the allegations of the complaint, and, as a second defense, avers that in November, 1893, H. E. Moore, a son of the defendant, was indebted to the Moscow National Bank of Moscow in the sum of $9,048.50, secured by pledge of certain notes payable to said H. E. Moore,
A careful consideration of the evidence convinces us that the verdict of the jury is supported by the evidence, and that the allegations of the answers are proven. The errors, as assigned by appellant, and upon which a reversal is sought, relate to rulings -of the court in admitting evidence. It appears that the negotiations relating to the settlement of the H. K. Moore indebtedness to the bank extended through a period of several days; that at the time it was closed, and the notes of defendant delivered, Browne, the president of the bank, wtas hurrying to leave Moscow fox Portland, and that the matter was hurriedly dosed; that the bank, through its president, gave the defendant the following receipt, to wit:
*535 “Moscow, Idaho, Nov. 29, 1893.
“Bee’d from Mrs. Julia A. Moore note signed by Idaho Builders’ Supply Comp’y, dated Aug. 25, ’92, due one year, for $1,500, at 1% per cent. Said note left as collateral security to Julia A. Moore note, dated Nov. 8, ’93, due Jan. 1st, 1895. ■Said note and mortgage to be foreclosed against said I. B. S. Co., and proceeds applied on said note of Julia A. Moore as fast as so collected. Said foreclosure to take place in next term of court (spring term).
(Signed) “B. S. Brown, Pt.”
Appellant contends that the court erred in permitting the defendant to prove, by oral evidence, the contract, on the ground that such evidence contradicted a written instrument. We think the evidence‘was proper. The contract between the parties was not reduced to writing. It was oral. In performing the contract, defendant transferred the Idaho Builders’ Supply Company note to the bank, and gave the bank her note for $3,000, which she afterward paid. She also, to accommodate the bank, without consideration, gave the bank the note sued on in this case, under promise from the president of the bank that it would not be collected, but used solely in making a showing of assets under the United States banking laws. The receipt quoted above was a memorandum signed by only one of the parties, and misrepresented some of the facts relating to the transaction between the parties. Such receipt did not preclude the parties from showing the contract made by them. Plaintiff took the note sued on from the payee with full knowledge of all the facts, after maturity, and stands in the same position as the payee would, if the payee was plaintiff. The evidence objected to was properly admitted. We find none of the assignments of error well founded, wherefore the judgment and order appealed from are affirmed. Costs of appeal awarded to the respondent.