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.
1Opinion of the CourtSalinger, J.
I. The signature to the promise to pay was in the following form:
“Trustees of the Second Christian Church.
“I. S. Ervin,
“R. C. Moulton, Chairman,
“M. L. Everett.”
Before considering what is the liability, where one signs, say, John Smith, Trustee, it may well be said to be doubtful whether the individual signatures make claim to a trustee relation to anyone. Nothing indicates such a’claim on part of Ervin, unless it may be inferred from mere juxtaposition — from the fact that his signature appears immediately .following “Trustees of the Second Christian Church.” In the line following the Ervin…
2Cases cited16 opinions
- Megowan v. . PetersonNew York Court of Appeals · 1902
- Stevenson v. PolkSupreme Court of Iowa · 1887
- Liebscher v. KrausWisconsin Supreme Court · 1889
- Heffner v. BrownellSupreme Court of Iowa · 1887
- Capital Savings Bank & Trust Co. v. SwanSupreme Court of Iowa · 1897
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3Cited by5 opinions
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- Consumers Twine & Machinery Co. v. Mount Pleasant Thermo Tank Co.Supreme Court of Iowa · 1923
- Kennedy Et Ux. v. GriffithUtah Supreme Court · 1939
- Lovejoy v. Euclid Avenue Methodist Episcopal ChurchSupreme Court of Iowa · 1940