Junge v. Bowman
Supreme Court of Iowa
Appeal from Marshall District Court. AotioN upon a promissory note and mortgage executed by the defendant John Bowman. There was a decree for the plaintiff, and the defendant Bowman appeals.
1Opinion of the Court
Adams, Ch. J.
The defendant Bowman divided his answer into two divisions. In one he made certain admissions and denials, and on motion this part was stricken out. In the other division he pleaded that he executed the note and mortgage as the agent and trustee of his co-defendant, Christ Gerst, to secure a loan of money made to said Gerst, and that no part of the consideration of the note was received by him, Bowman. The plaintiff demurred to this division, and the demurrer was sustained.
*649 i pkomissoby gage:'paroi oapacity'of maker.
*648I. We will consider first that division of the answer to *649which a…
2Cases cited1 opinion
- Harkins v. EdwardsSupreme Court of Iowa · 1855
3Cited by6 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- O'Brien v. StambachSupreme Court of Iowa · 1897
- Ottumwa Mill & Construction Co. v. ManchesterSupreme Court of Iowa · 1908
- Burns v. ColeSupreme Court of Iowa · 1902
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
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