Bank of Monroe v. Gifford
Supreme Court of Iowa
Appeal from, Jasper Gireuit Court. AotioN upon a promissory note, executed by Anderson Pros. Mining & Railway Company, as principal, and tbe defendant, Gilford, as surety. There was a trial to a jury, and verdict and judgment were rendered for the defendant. The plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.
This case is before ns on a second appeal. See 65 Iowa, 692. In the opinion upon the former hearing is a statement of most of the essential facts necessary for an understanding of the case. The defendant avers that he was induced to sign the note by the fraudulent conspiracy of one R. C. Anderson with the officers of the plaintiff, and that the plaintiff took the note with knowledge of the fraud. He also avers that the plaintiff at one time held certain bonds as collateral security, and afterwards surrendered them; and that the defendant thereby became released.
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2Cases cited1 opinion
- Bank of Monroe v. Anderson Bros. Mining & RailwaySupreme Court of Iowa · 1885
3Cited by2 opinions
- Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
- Southwestern Co. v. WynnegarMississippi Supreme Court · 1916