Frohardt Bros. v. Duff
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. Action on alleged oral promise by defendant to pay •to plaintiffs the amount of certain claims held by plaintiffs against one 'Whitsett-. The defendant relied upon the statute of frauds, and the court submitted the case to the jury to determine whether the agreements of defendant were original and absolute undertakings to pay to plaintiffs the amounts of their respective claims against Whitsett, or…
Read the full summary
Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. Action on alleged oral promise by defendant to pay •to plaintiffs the amount of certain claims held by plaintiffs against one 'Whitsett-. The defendant relied upon the statute of frauds, and the court submitted the case to the jury to determine whether the agreements of defendant were original and absolute undertakings to pay to plaintiffs the amounts of their respective claims against Whitsett, or whether it was a collateral undertaking merely to see that the claims against Whitsett were paid, if he did not pay them.…
1Opinion of the CourtMcClain, C. J.
Frohardt Bros. and Droge Bros, held two separate and independent claims against one Whitsett, and were theatening separately to attach Whitsett’s property, consisting of a livery stock, on which defendant had a chattel mortgage, and of which he had possession. Thereupon it is alleged that defendant promised to each of the respective creditors of Whitsett that if they would refrain from attaching Whitsett’s property in defendant’s hands and attacking the validity of defendant’s mortgage he would pay their respective claims, and this action is founded upon such oral promises. While the causes…
2Cases cited28 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Emerson v. SlaterSupreme Court of the United States · 1860
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Harlan v. HarlanSupreme Court of Iowa · 1897
- Johnson v. BankWest Virginia Supreme Court · 1906
23 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dybdahl v. Continental Lumber Co.Washington Supreme Court · 1925
- Maresh Sheet Metal Works v. N. R. G., Ltd.Supreme Court of Iowa · 1981
- Bauer v. Northwest Blowpipe Co.Oregon Supreme Court · 1915
- Peoples State Savings Bank of Baxter v. CrossSupreme Court of Iowa · 1924
- Wachal v. DavisSupreme Court of Iowa · 1914
8 more not listed; retrieve them via the Exa API.