Himmelberger v. Central State Bank

This is the second appeal in this case, the first appeal being disposed of by an opinion reported in 200 Iowa 585. That opinion makes the law of this case, and closes as follows :

<i # * # we may.say that, in case of a recovery, the amount allowed on the claim should not exceed such proportion of the amount found due on the notes as the estate of Talbott has interest in the partnership.”

The facts are recited in that opinion, and need not be set ont herein, except a brief outline, to the end that this ruling may be understood.

In October, 1905, Talbott, Himmelberger, Beach, and McConnell formed…