First National Bank v. Gifford
Supreme Court of Iowa
Appeal from Seott District Court. Action on a promissory note executed by D. C. Porter and guaranteed by tbe defendant. The answer alleged that Porter purchased of one Ochs ten shares of plaintiff’s stock, and that the note was given for money loaned by the plaintiff to .pay therefor; that in consideration of defendant’s indorsement of said note i'fe was agreed between plaintiff, defendant and Porter that the latter should deliver the said stock to be held as collateral…
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Appeal from Seott District Court. Action on a promissory note executed by D. C. Porter and guaranteed by tbe defendant. The answer alleged that Porter purchased of one Ochs ten shares of plaintiff’s stock, and that the note was given for money loaned by the plaintiff to .pay therefor; that in consideration of defendant’s indorsement of said note i'fe was agreed between plaintiff, defendant and Porter that the latter should deliver the said stock to be held as collateral security for the payment of said note as well as for the protection and security of defendant against liability upon his…
1Opinion of the CourtSeevers, J.
I. It is assigned for error that the finding of facts is not sustained by the evidence. Counsel in their argument, however, say that the “evidence is embodied in the abstract more for the purpose of giving a clearer understanding of the case, and presenting certain facts not found, than to dispute or question the facts as found by the court, as we concede the findings, aside from a few particulars, which we will notice in the argument, in the main correct.”
So far as we can discover, it was not claimed in the court below that the finding of facts was not full and complete. The abstract fails…
2Cases cited8 opinions
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Winchester v. Baltimore & Susquehanna R. R.Court of Appeals of Maryland · 1853
- Farmers & Citizens' Bank v. PayneSupreme Court of Connecticut · 1857
- Seneca County Bank v. NeassNew York Supreme Court · 1848
- Farrel Foundry v. DartSupreme Court of Connecticut · 1857
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3Cited by29 opinions
- Jones v. MorrisonSupreme Court of Minnesota · 1883
- Gunster v. Scranton Illuminating, Heat & Power Co.Supreme Court of Pennsylvania · 1897
- Lipscomb's Adm'r v. CondonWest Virginia Supreme Court · 1904
- German Savings Bank of Des Moines v. Des Moines National Bank of Des MoinesSupreme Court of Iowa · 1904
- McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1904
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