Kester v. Schuldt

Citations

• 11 Idaho 663
• 85 P. 974
• 1905 Ida. LEXIS 96

Syllabus

<p>Promissory Notes — Creates Lien When — -When Bights to Personal Property Litigated — -Injunction When Proper Bemedy.</p> <p>1. A promissory note providing that the express condition of the sale and. purchase of the goods for which the notes were given is such that the title, ownership or possession does not pass until the note and interest are paid in full, and that the payee has full power to declare the note due and take possession of goods at any time he may deem himself insecure, even before the specified maturity of the same, retains the ownership in the payee of the note.</p> <p>2. Where it is shown that defendants in original suit filed an answer alleging title to the personal property in dispute in George H. Kester, and defendants were prevented from making such showing by evidence, such evidence being rejected on objection from counsel for plaintiff there and defendant here, it is not a bar to an action thereafter commenced by Kester against plaintiff in that action for the possession of such property, and to enjoin the sale thereof on the judgment in an original aetion.</p> <p>3. An injunction will issue to restrain and enjoin the sheriff from selling personal property, where it is shown that the plaintiff has no plain, speedy and adequate remedy at law, or that the defendant is insolvent and not able to respond in damages.</p> <p>(Syllabus by the court.)</p>