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SIRIUS LC v. ERICKSON

No. 32582.

156 P.3d 539 (2007)

SIRIUS LC, a Wyoming Limited Liability Company, Plaintiff-Respondent, v. Bryce H. ERICKSON, and Any Person Claiming Under By or Through Bryce H. Erickson in and to the Real Property Described as Follows: Caribou County, Idaho: Township 5 South, Range 46 E.B.M., Section 27: Lots 1 and 2, N 1/2 NW 1/4, Except Therefrom the S 1/2 NE 1/4 NW 1/4 NW 1/4, Defendants-Appellants.

Supreme Court of Idaho, Boise, March 2007 Term.

March 28, 2007.

Attorney(s) appearing for the Case

McGrath, Meacham & Smith, PLLC, Idaho Falls, for appellant. B.J. Driscoll argued.

A. Bruce Larson, Pocatello, for respondent.

JONES, Justice.

This case concerns the enforceability of a promissory note. Respondent, Sirius LC, sued to recover upon a promissory note signed by Appellant, Bryce Erickson, and to foreclose on a real estate mortgage securing the note. Erickson asserted thirteen affirmative defenses and subsequently moved for summary judgment on the ground that the note was unenforceable due to lack of consideration. The district court denied...

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