City Bank of Mitchellville v. Alcorn
Supreme Court of Iowa
Appeal from Polk District Court. — Thomas J. Guthrie, Judge. Emma Alcorn, in writing, guaranteed a promissory-note made by L. O.-Alcorn. She defends that her guarantee was not to be effective until it was approved by L. O. Al-corn, and that no such approval was had. The plaintiff urges that Emma is estopped to make this defense. Judgment went against the guarantor, and she appeals.-
1Opinion of the CourtSalinger, J.
I. The complaint that the court refused to give Instruction 1, offered by defendants, is sufficiently answered by pointing out that the very words of said of*594fered instruction, may be found in part of Instruction 7, given by the court.
3" ttonsVcombin-" and ^avoidance. II. The first part of Instruction 7 charges that Emma Alcorn should have the verdict, if she has established her claim that her guaranty was not to be effective until it had the approval of L. O. Alcorn. It is complained that Instruction 7 is in conflict with itself, because it is further charged therein that, if plaintiff has…
2Cases cited8 opinions
- Anfenson v. BanksSupreme Court of Iowa · 1917
- State v. AsburySupreme Court of Iowa · 1915
- Preston v. WalkerSupreme Court of Iowa · 1868
- Ashworth v. GrubbsSupreme Court of Iowa · 1877
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
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3Cited by12 opinions
- Smith v. CoutantSupreme Court of Iowa · 1942
- Stookesberry v. BurgherSupreme Court of Iowa · 1935
- In Re Trust of LuntSupreme Court of Iowa · 1944
- O'Dell v. HansonSupreme Court of Iowa · 1950
- Ritter v. PlumbSupreme Court of Iowa · 1927
7 more not listed; retrieve them via the Exa API.