Snouffer v. Kinley
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. James D. Gteein, Judge. Prior to the first of June, 1891, W. H. Thompson, wais the owner of a stock of jewelry at Cedar Rapids, Iowa. On that day he borrowed of the City National Eank one thousand dollars, for which he gave his note with the plaintiff as surety; and Thompson at the same time made to plaintiff a mortgage on the stock of jewelry to indemnify him- against loss.
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Appeal from Linn District Court. — Hon. James D. Gteein, Judge. Prior to the first of June, 1891, W. H. Thompson, wais the owner of a stock of jewelry at Cedar Rapids, Iowa. On that day he borrowed of the City National Eank one thousand dollars, for which he gave his note with the plaintiff as surety; and Thompson at the same time made to plaintiff a mortgage on the stock of jewelry to indemnify him- against loss. This mortgage was not placed of record until May 5, 1893. The note to the blank was, from time to time, renewed with plaintiff as surety, the mortgage remaining for his protection.…
1Opinion of the CourtGranger, J.
*1041 *1052 *103Appellant complains of the fourth, fifth and sixth instructions given by the court. The *104fourth instruction mo more than states that if the charge of fraud, as made, is not established, the jury ¡should find for the plaintiff. The fifth instruction states the facts relied upon showing fraud as to- the chattel mortgage, and 'the withholding of it from record, by an agreement between plaintiff -and Thompson, to protect the credit of Thompson. The sixth instruction .is as follows: “(6) And you are instructed that if you believe from the evidence taken in this case that when the bill of sale was…
2Cases cited4 opinions
- Goll & Frank Co. v. MillerSupreme Court of Iowa · 1893
- Letts, Fletcher & Co. v. McMasterSupreme Court of Iowa · 1891
- Charles L. Mull & Sons v. DooleySupreme Court of Iowa · 1893
- Burt v. GambleMichigan Supreme Court · 1894
3Cited by3 opinions
- Korab v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1910
- Baxter v. BaxterSupreme Court of Iowa · 1928
- Brauch v. FrekingSupreme Court of Iowa · 1935