German American National Bank v. Kelley
Supreme Court of Iowa
Appeal from Gedar Rapids Superior Gourt. — C. B. Robbins, Judge. Action to recover judgment on a promissory note. The defense was that there was fraud in its inception, and that plaintiff acquired it subject to such infirmity. The issues were submitted to the jury, and verdict returned for defendants, on which judgment was entered. The plaintiff appeals.
1DissentSalinger, J.
I. It seems to me the conclusion reached by the majority is unattainable upon the facts which the majority sets out.
Were it decided by McNight v. Parsons, 136 Iowa 390,. that good faith is a jury question merely because the cashier gave the testimony, such a rule can certainly not be followed to its logical end. If it may, then no verdict can ever be directed, though the testimony of the plaintiff is uncontradicted. The mere fact that such testimony is given by the plaintiff would prevent a directed verdict for plaintiff. If that testimony is given "by the cashier is sufficient impeachment to…
2Cases cited11 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- Collins v. GilbertSupreme Court of the United States · 1877
- First National Bank v. FlathNorth Dakota Supreme Court · 1901
- Voss v. ChamberlainSupreme Court of Iowa · 1908
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