Exchange Bank v. Schultz
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. John F. Oliver, Judge. Action at law upon five promissory notes, executed by the Glendell Dairy Company, by Henry 0. Harstad, president, and defendant J. E.' Schultz.
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Appeal from Woodbury District Court. — Hon. John F. Oliver, Judge. Action at law upon five promissory notes, executed by the Glendell Dairy Company, by Henry 0. Harstad, president, and defendant J. E.' Schultz. Defendant pleaded a mutual mistake in the signing of the notes, in that his signature was appended thereto, not for the purpose of assuming a personal liability, but for and on behalf of the dairy company, and as its secretary; and he asked that the notes be reformed so as to express this intent. The case was transferred to the equity docket and tried to the court, resulting in a…
1Opinion of the CourtDeemer, J.
The Exchange Bank is a partnership doing business under that name, and composed of plaintiffs Edmonds & Londergan. The Glendell Dairy Company was a corporation, doing business under that name, at the town of Marcus, and at the time material to our inquiry Henry 0. Harstad was its president and defendant Schultz was its secretary.
On the 19th day of December, 1911 the dairy company and defendant Schultz executed and delivered to plaintiff three promissory notes for the aggregate sum of $1,500, and on July 15, 1912, they executed two more notes, aggregating the sum of $545. Each of these notes…
2Cases cited2 opinions
- Marshall v. WestropeSupreme Court of Iowa · 1896
- Hunt v. GraySupreme Court of Iowa · 1888
3Cited by8 opinions
- Coal River Collieries v. Eureka Coal & Wood Co.Supreme Court of Virginia · 1926
- Consumers Twine & Machinery Co. v. Mount Pleasant Thermo Tank Co.Supreme Court of Iowa · 1923
- Cataldo v. CompianoSupreme Court of Iowa · 1956
- Starley v. Deseret Foods CorporationUtah Supreme Court · 1938
- Schuling v. ErvinSupreme Court of Iowa · 1918
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