Legal Opinion

Winkel v. Erpelding

Supreme Court of Iowa

Decided January 18, 1995No. 93-1342PublishedCited by 5 opinions

1Opinion of the Court

NEUMAN, Justice.

This controversy concerns a $210,000 loan made by A.N. Erpelding, now deceased, to his brother, Alphons, with whom he farmed his entire life in Kossuth County, Iowa. The question is whether the debt.between the brothers has been discharged, as Alphons claims, or whether, as A.N.’s executor claims, it remains a debt payable to A.N.’s estate. The answer turns on the application of Iowa Code section 554.3605 (1993) to the record before us. Like the district court, we conclude as a matter of law that executor Gordon Winkel’s skepticism about A.N.’s intention is insufficient to…

2Cases cited12 opinions

  1. Fogel v. Trustees of Iowa CollegeSupreme Court of Iowa · 1989
  2. Charles R. Peterson, in No. 80-2662 v. Crown Financial Corporation, a Corporation, in No. 80-2663Court of Appeals for the Third Circuit · 1981
  3. Hoefer v. Wisconsin Education Ass'n Insurance TrustSupreme Court of Iowa · 1991
  4. Guaranty Bank & Trust Co. v. DowlingConnecticut Appellate Court · 1985
  5. Fullerton Lumber Co. v. SnoufferSupreme Court of Iowa · 1908

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. NationsBanc Mortgage Corp. v. EisenhauerMassachusetts Appeals Court · 2000
  2. Swindler v. SwindlerCourt of Appeals of South Carolina · 2003
  3. Lancaster v. ZufleDistrict Court, S.D. New York · 1996
  4. East Iowa Plastics, Inc. v. Hartford Casualty Insurance CompanyCourt of Appeals of Iowa · 2018
  5. Jeffrey Simmermaker v. Cedar County AttorneyCourt of Appeals of Iowa · 2020

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