OLD STONE CAPITAL CORP. v. JOHN HOENE IMPLEMENT

Civ. No. 85-3012.

647 F.Supp. 916 (1986)

OLD STONE CAPITAL CORPORATION, a Washington corporation, Plaintiff, v. JOHN HOENE IMPLEMENT CORPORATION, a defunct Idaho corporation; J.D. Lauer, as the Last Director and Statutory Trustee of John Hoene Implement Corporation, a defunct Idaho corporation; Ted F. Hilbert (also known as Ted Hilbert) and Parilee A. Hilbert, husband and wife; Robert W. Kinzer and Carol A. Kinzer, husband and wife; Philomena C. Davis (formerly known as Philomena C. Hoene), a married woman; Inland Title Company (formerly known as Inland Abstract Company), an Idaho corporation; State of Idaho, acting through the Department of Revenue and Taxation, State Tax Commission, and all unknown owners or unknown heirs or unknown devisees of any deceased person claiming any right, title or interest in and to any or all of the property which is the subject of this action, and any other person or other entity, who has or may have an interest in and to the property which is the subject of this action, referred to for convenience by the fictitious designations of Does I through XX, Defendant. Philomena C. DAVIS, Counter-Claimant, v. OLD STONE CAPITAL CORPORATION, a Washington corporation, Counter-Defendant.

United States District Court, D. Idaho.

November 18, 1986.


Attorney(s) appearing for the Case

David B. Lincoln, Scott L. Campbell, Elam, Burke and Boyd, Boise, Idaho, for counter-claimant Davis.

Michael E. McNichols, Jack R. Little, Clements, Brown & McNichols, Lewiston, Idaho, for counter-defendant Philomena C. Davis.

Gregory Fitzmaurice, Grangeville, Idaho, for counter-defendants Robert W. Kinzer and Carol A. Kinzer.


RYAN, District Judge.

This is a diversity action seeking foreclosure of certain real property. On December 10, 1979, various documents were executed with the ultimate effect being that Old Stone Capital Corporation made a $250,000.00 operating capital loan to John Hoene Implement Corporation (JHI) (now defunct). JHI was the lessee of the subject commercial property owned by Philomena Davis, formerly known as Philomena Hoene. In order to secure the loan from Old Stone...

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