First National Bank v. Owen
Supreme Court of Iowa
Appeal from JDes Moines Circuit Court. The plaintiff holds certain claims against the Burlington & Southwestern Railway Company, amounting to about ten thousand dollars, and brings this action to recover against the defendants as executors of the estate- of E. B. Ward upon an alleged agreement of Ward to pay the claims. The defendants deny the agreement. Trial without a jury. Judgment for defendants. Plaintiff appeals.
1Opinion of the CourtAdams, J.
1. evidence: executor: stockholder. The plaintiff, in the first place, sets out a written, agreement purporting to be made between the Burlington & Southwestern Railway Company and the plaintiff, whereby the former undertakes to pay the latter the claims in question in installments at dates therein mentioned, with ten per cent interest. This agreement, although purporting to bind only the railway company for the payment of the claims, the plaintiff avers was intended, according to the understanding between it and Ward, to bind him also.
But we do not see how the plaintiff can recover against…
2Cases cited1 opinion
- United States Rolling Stock Co. v. PotterSupreme Court of Iowa · 1878
3Cited by3 opinions
- Smith v. ClarkSupreme Court of Iowa · 1897
- Huntington Nat. Bank v. Huntington Distilling Co.U.S. Circuit Court for the District of West Virginia · 1907
- Monticello State Bank v. SchatzSupreme Court of Iowa · 1936