Thilmany v. Iowa Paper Bag Co.
Supreme Court of Iowa
Appeal from Wapello District Oourt. — Hon. E. W. Eichel-BERGER, Judge. ActioN at law to recover tbe contract price of a car load of bag paper sold and delivered to tbe Iowa Paper-Bag Company, and wbicb it is claimed tbe Iowa Nationl Bank guaranteed. The paper-bag company made default and the issue was between plaintiff and tbe bank. Tbe bank alleged that tbe guaranty was without consideration, ultra vires, and void.
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Appeal from Wapello District Oourt. — Hon. E. W. Eichel-BERGER, Judge. ActioN at law to recover tbe contract price of a car load of bag paper sold and delivered to tbe Iowa Paper-Bag Company, and wbicb it is claimed tbe Iowa Nationl Bank guaranteed. The paper-bag company made default and the issue was between plaintiff and tbe bank. Tbe bank alleged that tbe guaranty was without consideration, ultra vires, and void. Tbe case was tried to a jury, and at tbe conclusion of tbe evidence tbe trial court directed a verdict for tbe bank, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
— Plaintiff is a manufacturer of paper, doing business at Kaukauna, Wis.; and tbe defendant, tbe Iowa Paper-Bag Company, is a manufacturer of paper bags, doing business at tbe city of Ottumwa, in this state. In tbe year 1894 tbe paper-bag company, desirous of purchasing paper of plaintiff, secured from tbe vice president of defendant bank tbe following guaranty: “Edwin Manning, Prest. Wm. Daggett, Vice Prest. Calvin Manning, Cashier. W. B. Daggett, Asst. Cashier. No. 1,726. Iowa National Bank. Capital Stock, $200,000.00. Ottumwa, Iowa, December 8, 1894. Thilmany Pulp and Paper Company,…
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