Porter v. Pincock
| Decision Date | 30 April 1927 |
| Docket Number | 4768 |
| Citation | 256 P. 93,44 Idaho 235 |
| Court | Idaho Supreme Court |
| Parties | E. W. PORTER, Commissioner of Finance of the State of Idaho, in Charge of the FARMERS & MERCHANTS' BANK OF REXBURG, a Corporation, Respondent, v. GEORGE A. PINCOCK, Appellant |
TRIAL-MOTION FOR NONSUIT-EFFECT OF.
1. By motion for nonsuit, all material evidence of plaintiff, with reasonable inferences properly deducible therefrom in favor of plaintiff, is admitted.
2. Though admissions for purpose of motion for nonsuit make its denial proper, after motion is denied, denials and affirmative matter in answer entitle defendant to submit proof and have issues of fact submitted to jury.
APPEAL from the District Court of the Ninth Judicial District, for Madison County. Hon. George W. Edgington, Judge.
Action on two promissory notes. Judgment for plaintiff. Reversed and remanded.
Reversed and remanded. Costs to appellant.
Miller & Ricks, for Appellant.
A motion for directed verdict admits the truth of all the evidence in favor of the adverse party and every inference of fact that may legitimately be drawn therefrom, and should be denied unless there is no substantial evidence whatever on any question of fact about which reasonable minds might differ, which, if found in favor of the adverse party, would support a verdict for him. (McCornick & Co. v. Tolmie Bros., 42 Idaho 1, 243 P. 355.)
A motion for nonsuit is premature until the plaintiff has put in his evidence and rested. (Rauh v. Oliver, 10 Idaho 3, 77 P. 20; Wheeler v. Oregon R. & Nav. Co., 16 Idaho 375, 102 P. 347.) The same rule and reason apply to a motion by plaintiff for directed verdict. The defendant is entitled to be heard in support of his answer. In this case however, in order to make his motion tenable, the plaintiff volunteered that the answer might be considered as proven. (6 Ann. Cas. 547, note; 13 Ann. Cas. 372, case and note; Ann Cas. 1913C, 1347, note; 18 A. L. R. 1455, note.)
Geo. H Lowe and O. P Soule, for Respondent, cite no authorities on points decided.
The Farmers & Merchants' Bank alleged two causes of action based upon two promissory notes, one given to it, the other to the Rexburg State Bank and by it assigned to plaintiff. Plaintiff having become insolvent, E. W. Porter, commissioner of finance, was substituted as plaintiff.
At the close of plaintiff's evidence, defendant moved for a nonsuit, and plaintiff moved for a directed verdict. The court dismissed the jury, and made findings of fact and entered judgment in favor of the plaintiff. This appeal is from the judgment and from an order denying a motion for a new trial.
A decision upon two assigned errors: (1) In denying a nonsuit, and (2) directing a verdict, makes it unnecessary to consider others.
By the motion for nonsuit, all the material evidence of plaintiff with all reasonable inferences properly deducible therefrom...
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Bean v. Katsilometes
... ... 897; McCornick & Co. v. Tolmie Bros., 42 ... Idaho 1, 243 P. 355; Independent Irr. Co. v ... Baldwin, 43 Idaho 371, 252 P. 489; Porter v ... Pincock, 44 Idaho 235, 256 P. 93; Cooper v. Oregon ... Short Line R. R. Co., 45 Idaho 313, 262 P. 873; ... Scrivner v. Boise Payette Lumber ... ...
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Hopkins v. Hemsley
...of Hagerman v. Stringfield, 40 Idaho 587, 235 P. 897; Independent Irr. Co., Ltd., v. Baldwin, 43 Idaho 371, 252 P. 489; Porter v. Pincock, 44 Idaho 235, 256 P. 93; Scrivner v. Boise Payette Lumber Co., 46 Idaho 268 P. 19.) Conceding that under the 1931 amendment statements, acts or evidence......
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A. D. Jones & Co. v. Parsons, 18036
...case entitles the defendant to submit proofs in support of his denials and the affirmative matter set up in his answer. Porter v. Pincock, 44 Idaho 235, 256 P. 93; Solomon v. Shepard Co., 61 R.I. 332, 200 A. 993. See Rule 4(b)(1), R.C.P.Colo. The denial of such motion is tantamount to a fin......
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Strom v. Felton, 2738
...of plaintiff's case, defendant is entitled to submit proofs on denials and affirmative matters set up in the answer.' In Porter v. Pincock, 44 Idaho 235, 256 P. 93, the court 'By the motion for nonsuit, all the material evidence of plaintiff, with all reasonable inferences properly deducibl......