Littleton v. Peoples' Bank
Supreme Court of Iowa
Appeal from Palo Alto District Court. — Hon. GIeorge H. Carr, Judge. Plaintiffs, a copartnership-engaged in the purchase and sale of live stock in the city of Chicago, state their cause of action in substance as follows: That the defendant bank is a copartnership, composed of the defendants Clark and Calvin, doing a general banking business at Ayershire, Iowa; Calvin acting as president, and Clark a® cashier thereof.
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Appeal from Palo Alto District Court. — Hon. GIeorge H. Carr, Judge. Plaintiffs, a copartnership-engaged in the purchase and sale of live stock in the city of Chicago, state their cause of action in substance as follows: That the defendant bank is a copartnership, composed of the defendants Clark and Calvin, doing a general banking business at Ayershire, Iowa; Calvin acting as president, and Clark a® cashier thereof. That on January 27, 1893, defendant Rock executed a draft as follows: “People’s Bank, Ayershire, Iowa, January 27, 1893. No. 506. Pay to- the order of S. L. Clark, Cash’r,…
1Opinion of the CourtGiven, C. J.
1 I. Appellants contend that the court •erred in directing a verdict for the defendants for two reasons, namely, that, by the ruling on the demurrer, it was determined and adjudicated that defend-ants were liable upon said draft and letter, and because said exhibits show on their face “a promise and undertaking and an agreement on the part of defendants.” Plaintiffs, in their petition, unquestionably rest their right to recover against the defendants other than Rock solely -upon the draft and letter. The single question presented by the demurrer was whether said writings contain any contract…
2Cases cited3 opinions
- Brown v. CunninghamSupreme Court of Iowa · 1891
- Ellsworth v. Campbell Bros. & Co.Supreme Court of Iowa · 1893
- Long v. MelletSupreme Court of Iowa · 1895
3Cited by1 opinion
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916