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BEARD v. GEORGE

No. 26184.

23 P.3d 147 (2001)

135 Idaho 685

Dan BEARD, Plaintiff-Appellant, v. Carol Jane GEORGE, Defendant-Respondent.

Supreme Court of Idaho. Twin Falls, March 2001 Term.

April 30, 2001.

Attorney(s) appearing for the Case

Jay D. Sudweeks, May, Sudweeks, Kershaw & Browning, Twin Falls, for appellant.

John C. Hohnhorst, Hepworth, Lezamiz & Hohnhorst, Twin Falls, for respondent.

SCHROEDER, Justice.

The district court granted Carol Jane George (George) a right of setoff in a proceeding initiated by Dan Beard (Beard) to collect on a promissory note. Beard claims the right of setoff was barred by the statute of limitations; and, consequently, the amount of the judgment he obtained was improperly reduced by the setoff. The decision of the district court is affirmed.

I.

BACKGROUND AND PRIOR PROCEEDINGS

George was a...

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