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BISTLINE v. EBERLE

No. 9380.

401 P.2d 555 (1965)

Stephen BISTLINE, Plaintiff-Appellant, v. J. L. EBERLE, individually, T. H. Eberle, Individually, W. D. Eberle, individually, and J. L. Eberle, T. H. Eberle and W. D. Eberle, as a partnership doing business under the firm name and style of Richards, Haga and Eberle, the Title Insurance Company in Idaho, an Idaho corporation, Sophy Whitman, Defendants-Respondents.

Supreme Court of Idaho.

April 23, 1965.

Attorney(s) appearing for the Case

Thomas A. Mitchell, Coeur d'Alene, for appellant.

Richards, Haga & Eberle, Boise, for respondent.

McQUADE, Chief Justice.

The plaintiff and the defendants Eberles are practicing attorneys, duly admitted to practice in Idaho.

In 1955 defendant Whitman, a Washington resident, loaned Mr. and Mrs. Green, Idaho residents, a certain sum of money. This loan was evidenced by a note and secured by a mortgage on the Greens' Idaho real estate. In January of 1956 plaintiff, as attorney for the Greens, informed Mrs. Whitman that the note was usurious by Idaho law and...

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