Bank of Monroe v. Gifford
Supreme Court of Iowa
Appeal from Jasper Circuit Court. The defendant Gifford brought an action in equity in the district court of Jasper county to cancel a promissory note which he had signed as surety for the Anderson Pros. Mining & Railway Company. The note ivas made payable to the plaintiff Tunis Schenck, and was by him indorsed to the Rank of Monroe.
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Appeal from Jasper Circuit Court. The defendant Gifford brought an action in equity in the district court of Jasper county to cancel a promissory note which he had signed as surety for the Anderson Pros. Mining & Railway Company. The note ivas made payable to the plaintiff Tunis Schenck, and was by him indorsed to the Rank of Monroe. The ground upon which plaintiff demanded relief was that his signature to the note had been obtained by certain fraudulent representations and concealments, and he alleged that both Schenck and the bank were parties to such fraud. He asked and obtained a…
1Opinion of the CourtReed, J.
A number of questions arise on the record, and have been argued by counsel. But, in our opinion, the case can be properly disposed of on a consideration of but one of them. Under the issue, plaintiffs were required to establish (1) that the injunction was wrongfully sued out; and (2) that they were damaged by the issuance of the writ. One question argued by counsel is whether the order of the judge vacating the writ has the force and effect of a judgment, or "whether the defendant may go back, and show, notwithstanding the order, that there was just ground for the issuance of the writ.…
2Cases cited1 opinion
- Brigham v. WhiteSupreme Court of Iowa · 1876
3Cited by8 opinions
- Weierhauser v. Cole & JohnsonSupreme Court of Iowa · 1906
- Chicago, Anamosa & Northern Railway Co. v. WhitneySupreme Court of Iowa · 1911
- Hibbs v. Western Land Co.Supreme Court of Iowa · 1890
- Western Fruit & Candy Co. v. McFarlandSupreme Court of Iowa · 1919
- Grove v. WallaceColorado Court of Appeals · 1898
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