Melick v. First National Bank
Supreme Court of Iowa
Appeal from, Tama District Oonri Action in equity to set aside a judgment by confession. The relief asked was granted and defendants appeal.
1Opinion of the CourtServers, J.
I. The appellants insist this cause is triable novo; it will be so conceded. The undisputed facts are that the plaintiff signed a note as surety for Furry and John Newcomer. payable to Harrison, Hall & Warren to secure future advances of money to be made by the said payees to said Newcomers. Afterward the plaintiff and Newcomers confessed judgment on the note in favor of Harrison, Hall & Warren. This action was brought to set aside said judgment on the ground of fraudulent representations made by the payees at the time the note was executed. The fraudulent representations, as claimed by the…
2Cases cited4 opinions
- Ham v. GreveIndiana Supreme Court · 1870
- Chambers v. CochranSupreme Court of Iowa · 1864
- Baker v. ReddSupreme Court of Iowa · 1876
- Constant v. AbellSupreme Court of Missouri · 1865
3Cited by7 opinions
- Linden v. GreenSupreme Court of Iowa · 1890
- Barnes v. Century Savings BankSupreme Court of Iowa · 1910
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Putney v. SchmidtNew Mexico Supreme Court · 1911
- McKeever v. JenksSupreme Court of Iowa · 1882
2 more not listed; retrieve them via the Exa API.