Citizens Bank v. Whinery Bros.
Supreme Court of Iowa
Appeal from Hardin District Court. — I-Ion. B, P. Birdsall, Judge. Action on two certain promissory notes made by one .Arthur 'Whinery, the payment of which was guaranteed by • defendant, firm. The various defenses will be found set out in the opinion. There was a trial to the court, and from a judgment'in plaintiff’s favor defendants appeal.
1Opinion of the CourtWaterman, J.
The making of the notes by Arthur Whinery and the guarantee thereof by defendant, firm are not disputed. The first defense is that the payment of these notes, together with other indebtedness of Arthur Whinery, was secured Tby a chattel mortgage upon a large amount of personal property, which he executed to plaintiff on -the express condition, which was assented to by the bank,, that .these defendants were to be released .from further liability. Next it is claimed that, after the execution of said mortgage, defendants applied to plaintiff bank for said notes,, stating that they were ready to…
2Cases cited6 opinions
- Hanson v. ManleySupreme Court of Iowa · 1887
- McMartin v. BinghamSupreme Court of Iowa · 1869
- Northern National Bank v. LewisWisconsin Supreme Court · 1891
- National Bank v. DeanSupreme Court of Iowa · 1892
- Noble v. MurphyMichigan Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smith v. MooreSupreme Court of Iowa · 1900
- Schoonover v. OsborneSupreme Court of Iowa · 1902
- Mid-Continent Supply Co., a Corporation v. Atkins & Potter Drilling Corp., a Corporation T. E. Atkins and W. L. PotterCourt of Appeals for the Tenth Circuit · 1956
- Tolerton & Stetson Co. v. RobertsSupreme Court of Iowa · 1902
- Money v. Somers Savings BankSupreme Court of Iowa · 1926
4 more not listed; retrieve them via the Exa API.