Bank of Monroe v. Anderson Bros. Mining & Railway
Supreme Court of Iowa
Appeal from, Jasper Oireuit Oourt. Action on a promissory note executed by defendants to one Tunis Sclienck, and by him assigned to plaintiff. The Anderson Brothers Mining & Railway Company made no defense. Defendant Gifford answered, admitting the execution of the note, but alleging that he signed it only as a surety, and that his signature thereto was obtained by fraud, and that the contract was void for that reason.
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Appeal from, Jasper Oireuit Oourt. Action on a promissory note executed by defendants to one Tunis Sclienck, and by him assigned to plaintiff. The Anderson Brothers Mining & Railway Company made no defense. Defendant Gifford answered, admitting the execution of the note, but alleging that he signed it only as a surety, and that his signature thereto was obtained by fraud, and that the contract was void for that reason. He alleges that at the time the note was executed Schenck, the payee named therein, was president of the bank of Monroe, and one R. C. Anderson was cashier of said bank; that…
1Opinion of the CourtReed, J.
The evidence given on the trial shows that R. C. Anderson was cashier of the plaintiff bank from its organization in 1877 to the 27th of January, 1883. lie was also a stockholder and the business manager of the Anderson Brothers Mining & Railway Company, a corporation which was engaged in developing a coal mine. He was also a member of the copartnership of Anderson Brothers, which consisted of himself and his brother, J. Q. Anderson. During the year 1881, he and the copartnership of Anderson Brothers became *695indebted to the bank to tbe amount of more than $14,000 for money advanced. More than…
2Cases cited6 opinions
- Ham v. GreveIndiana Supreme Court · 1870
- Lane v. KrekleSupreme Court of Iowa · 1867
- Booth v. StoresIllinois Supreme Court · 1874
- York v. WallaceSupreme Court of Iowa · 1878
- State v. OsborneSupreme Court of Iowa · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sumitomo Bank of Cal. v. IwasakiCalifornia Supreme Court · 1968
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Barnes v. Century Savings BankSupreme Court of Iowa · 1910
- First National Bank v. Ten NapelSupreme Court of Iowa · 1924
- Province Securities Corp. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1929
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