28-3-119. NOTICE OF RIGHT TO DEFEND ACTION. In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or chapter 4, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two (2) litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
History:
[28-3-119, added 1993, ch. 288, sec. 2, p. 1029.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS
Part 1 - GENERAL PROVISIONS AND DEFINITIONS
Section 28-3-101 - SHORT TITLE.
Section 28-3-102 - SUBJECT MATTER.
Section 28-3-103 - DEFINITIONS.
Section 28-3-104 - NEGOTIABLE INSTRUMENT.
Section 28-3-105 - ISSUE OF INSTRUMENT.
Section 28-3-106 - UNCONDITIONAL PROMISE OR ORDER.
Section 28-3-107 - INSTRUMENT PAYABLE IN FOREIGN MONEY.
Section 28-3-108 - PAYABLE ON DEMAND OR AT DEFINITE TIME.
Section 28-3-109 - PAYABLE TO BEARER OR TO ORDER.
Section 28-3-110 - IDENTIFICATION OF PERSON TO WHOM INSTRUMENT IS PAYABLE.
Section 28-3-111 - PLACE OF PAYMENT.
Section 28-3-113 - DATE OF INSTRUMENT.
Section 28-3-114 - CONTRADICTORY TERMS OF INSTRUMENT.
Section 28-3-115 - INCOMPLETE INSTRUMENT.
Section 28-3-116 - JOINT AND SEVERAL LIABILITY — CONTRIBUTION.
Section 28-3-117 - OTHER AGREEMENTS AFFECTING INSTRUMENT.