Eastwood v. Schultz

• Decision Date: 01 February 1926
• Citation: Eastwood v. Schultz, 42 Idaho 118, 243 P. 653 (Idaho 1926)
• Parties: E. E. EASTWOOD, Respondent, v. BEN L. SCHULTZ, Appellant
• Court: Idaho Supreme Court

243 P. 653

42 Idaho 118

E. E. EASTWOOD, Respondent, v. BEN L. SCHULTZ, Appellant

Supreme Court of Idaho

February 1, 1926

FINDINGS OF COURT-CONFLICT IN EVIDENCE-WHEN NOT DISTURBED.

Findings of a court on questions of fact have the force and effect of a verdict of a jury, and where there is a substantial conflict in the testimony the findings of the trial court will not be set aside.

APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County.Hon. Miles S. Johnson, Judge.

Action on promissory note.Judgment for plaintiff.Affirmed.

Judgment affirmed, with costs to respondent.

Leo McCarty, for Appellant.

The delivery of the seventy-five shares of stock in the Crystalline Lime Company constituted payment of the promissory note sued on in this action.(Petridge v Osborn,120 Wash. 21, 206 P. 839;Bradley Metcalf Co. v. McLaughlin,87 Okla. 34, 208 P. 1032;Bartholomew v. Emerson-Brantingham Implement Co.,68 Colo. 244, 187 P. 538;Eastern Oil Co. v. Smith,80 Okla. 207, 195 P. 773;Cranston v. West Coast Life Ins. Co.63 Ore. 427, 128 P. 427.)

McNamee & Clements, for Respondent.

Findings of fact made from conflicting evidence will not be disturbed where there is substantial evidence to support them.(Consolidated Interstate Callahan Co. v. Morton,32 Idaho 671, 187 P. 791;Davenport v. Burke,30 Idaho 599, 167 P. 481;Bruce v. Frame,39 Idaho 29, 32225 P. 1024;First Nat. Bank v. Cruickshank,38 Idaho 789, 225 P. 142;Deeds v. Stephens,10 Idaho 332, 79 P. 77;Heckman v. Espey,12 Idaho 755, 88 P. 80;Weeter Lumber Co. v. Fales,20 Idaho 255, Ann. Cas. 1913A, 403, 118 P. 289;Hufton v. Hufton,25 Idaho 96, 136 P. 605;Bower v. Moorman,27 Idaho 162, Ann. Cas. 1917C, 99, 147 P. 496;Wolf v. Eagleson,29 Idaho 177, 157 P. 1122;Burt v. Stuart,33 Idaho 138, 190 P. 713.)

WILLIAM A. LEE, C. J. Wm.E. Lee, and Budge, Givens and Taylor, JJ., concur.

OPINION

WILLIAM A. LEE, C. J.

Respondent brought this action against appellant to enforce payment of a promissory note, payable on demand, executed by appellant to respondentJanuary 11, 1921, in the sum of $ 818.19.Appellant admitted the execution of the note and pleaded that he fully paid the obligation by a transfer of seventy-five shares of the corporate stock of the Crystalline Lime Company.The case was tried by the court without a jury, and findings of fact were made upon every material issue presented by the pleadings, against appellant's plea of payment and conclusions were made and judgment was entered thereon in favor of respondent from which judgment this appeal is taken upon nine assignments of error.All of the assignments are predicated upon the contention that the evidence does not support the findings, and will be considered together.

Findings of a court on questions of fact have the force and effect of the verdict of a jury, and where there is a substantial conflict in the testimony, such findings will not be set aside.(First Nat. Bank v. Cruickshank, 38 Idaho 789, 225 P. 142;Jain v. Priest,30 Idaho 273, 164 P. 364;Wolf v. Eagleson,29 Idaho 177, 157 P. 1122;Heckman v. Espey,12 Idaho 755, 88 P. 80.)

The evidence is conflicting, but there is very substantial evidence to support the findings of the trial court.Upon the entire record we conclude that the evidence preponderates in favor of respondent, and we are bound by the well-settled rule that findings of fact made by a trial judge, based principally upon the testimony of witnesses who have testified before such judge, where he has had the benefit of observing their demeanor upon the stand and of listening to their testimony, will not be disturbed because of a conflict where there is substantial evidence to support such findings.

After appellant delivered the seventy-five shares of stock to respondent, as he claims, in full payment of the note in question, knowing that it was then held by the First National Bank of Lewiston, as collateral to secure an indebtedness of resp...