Elg v. Hoff

Citations

• 7 Idaho 330
• 63 P. 37
• 1900 Ida. LEXIS 59

Syllabus

<p>ALLEGATIONS OF COMPLAINT INDORSEMENT BV MISTAKE — -PACTS Constituting Mistake. — Where it is alleged in the complaint that M. is indebted on his promissory note to E. in the sum oí $525, and that E. thereafter becomes indebted to M. in the sum .of $242.97, and E. pays his indebtedness to M. by indorsing the same on said promissory note, and thereafter transfers such note to L. for the balance due on said note after deducting said indorsement, E. the assignor retains no such interest in said note as would entitle him to sustain an action thereon, although it be alleged that said indorsement was made by mistrke, when no fact is alleged showing of what such alleged mistake consisted.</p> <p>(Syllabus by the court.)</p>