# Pettengill v. Blackman

> Idaho Supreme Court · March 24, 1917 · 30 Idaho 241

URL: https://www.frixlaw.com/law-library/cases/5170985

## Case

- **Full name:** BEN. Q. PETTENGILL, as Special Deputy Bank Commissioner of the State of Idaho and as Receiver in the Matter of Winding Up the Affairs of the BOISE STATE BANK, LIMITED, an Insolvent Bank and Trust Company v. WILLIAM H. BLACKMAN and HERBERT F. LEMP, EDWARD PAYNE, as Trustee, and EDWARD PAYNE
- **Court:** Idaho Supreme Court
- **Decided:** March 24, 1917
- **Citations:** 30 Idaho 241; 164 P. 358; 1917 Ida. LEXIS 33
- **Precedential status:** Published
- **Opinion:** Concurrence by Rice
- **Judges:** Budge, Morgan, Rice
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5170985

## Opinion text

RICE, J.,
Concurring — I concur in the opinion of Mr. Justice Morgan that the failure of the plaintiff to deny the genuineness and due execution of the deed and mortgage in question is an admission of the authority for their execution, and precludes appellant from urging the illegality of the meeting of the board of directors or limitations upon the authority of Payne as trustee.
I concur in the opinion of Chief Justice Budge that even if the authority for the execution of the deed and mortgage were lacking in the first instance, the plaintiff is estopped from questioning the authority, for the reason that it cannot be held that respondent Blackman did not forego substantial rights by the acceptance of the note and mortgage.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5170985. Public record. Not legal advice.