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CHENEY v. SMITH

No. 15332.

697 P.2d 1223 (1985)

108 Idaho 209

Ernest J. CHENEY, Plaintiff-Respondent, v. Duane B. SMITH and Alberta Smith, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

March 26, 1985.

Attorney(s) appearing for the Case

William M. Killen, McCall, for defendants-appellants.

Charles J. Nicholas, McCall, for plaintiff-respondent.

PER CURIAM.

This litigation arises from dissolution of a partnership. As part of a settlement between the partners, appellants Smith delivered a promissory note to respondent Cheney. Cheney later sued to collect the note but the district court found that Cheney had procured the note in breach of his fiduciary duties to the partnership. The court adjudged the Smiths to be free of any liability on the note. The Smiths requested...

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