Schuling v. Ervin
Supreme Court of Iowa
Appeal from Polk District■ Court. — Hubert Utterback, Judge. The appellant claims to have loaned money to the appellees, as individuals. The counter contention is that these appellees signed as the agents of the Second Christian Church, and are not personally bound. The trial court-adopted their view, and the plaintiff appeals.
1DissentWeaver, J.
I dissent.- To make clear the reasons which impel me to withhold my concurrence, it is necessary to state the facts with some degree of fullness. The majority, in its opinion, touches upon these only in a fragmentary way, and reaches its conclusion very largely from a technical discussion of the mere form of the signatures appended to the note sued upon.
It is shown without serious dispute that, prior to the making of the note, certain persons holding to a common religious faith, and residing in Des Moines, organized and incorporated a society, not for pecuniary profit, under the name of “The…
2Cases cited63 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- First National Bank v. GaySupreme Court of Missouri · 1876
- Megowan v. . PetersonNew York Court of Appeals · 1902
- Falk v. MoebsSupreme Court of the United States · 1888
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
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