Klindt v. Higgins
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. Plaintiff brings this action in equity to recover upon a promissory note executed August 4,1888, by the defendants, for eight hundred dollars, payable to Mariah Decker or order, on or before three years after date, “at the office of Theo. Guelich, in Burlington,Iowa, * * * with 8 per cent, per annum, payable annually,” and for decree foreclosing a mortgage given to secure the payment of said note.
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Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. Plaintiff brings this action in equity to recover upon a promissory note executed August 4,1888, by the defendants, for eight hundred dollars, payable to Mariah Decker or order, on or before three years after date, “at the office of Theo. Guelich, in Burlington,Iowa, * * * with 8 per cent, per annum, payable annually,” and for decree foreclosing a mortgage given to secure the payment of said note. Defendants answered, denying any indebtedness, and alleging that they had fully paid said note to Theodore Guelich, the agent…
1Opinion of the CourtGiven, C. J.
I. There is no question but' that the defendants did pay the full amount of the notes sued upoh to Theodore'Guelich. The sole contentions are whether Guelich had authority from the plaintiff to receive such payments, and whether, under the facts, the plaintiff is now estopped from denying that he had such authority. Theodore Guelich, an attorney at law, was engaged in the law, real-estate, loan, and collection business. ' He received sums of money left with him for investment, and invested the same in the name of his clients, keeping proper accounts thereof in his books. On August 4, 1888, he…
2Cases cited2 opinions
- Lucas v. HartSupreme Court of Iowa · 1857
- Englert v. WhiteSupreme Court of Iowa · 1894
3Cited by13 opinions
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