Wright v. Farmers Mutual Live-Stock Insurance
Supreme Court of Iowa
Appeal from Lucas District Court. — Hon. W. D. Tisdale, Judge. Action at law upon a contract made by defendant through its secretary, S. W. Johnson.
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Appeal from Lucas District Court. — Hon. W. D. Tisdale, Judge. Action at law upon a contract made by defendant through its secretary, S. W. Johnson. Defense, want of authority in the secretary to make the contract, and a claim that the instrument is not an absolute promise to pay a sum certain, but when construed with the articles of incorporation and by-laws of the defendant company, amounted to no more than a promise to pay the amount realized from the assessments made upon the members of the association. Trial to the court without a jury. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtDeemer, J.
1 The contract upon which the action is predicated is as follows: “Chariton, Iowa, August 22d, 1893. The Farmers’ Mutual Live-Stock Insurance Association, of Des Moines, Iowa, hereby agrees to pay to George B. Wright, of Ohariton, Iowa, the sum of $300.00, also his two promissory notes, in compensation for loss of horse Highland Chief, given to said association as compensation for membership fees and dues. In consideration of this settlement, the said George B. Wright agrees to do and say anything he can in favor of said association, and to advance the interests of said association in any and…
2Cases cited2 opinions
- Foster v. HinsonSupreme Court of Iowa · 1888
- Hunt & Co. v. HigmanSupreme Court of Iowa · 1886
3Cited by8 opinions
- Joyner v. UtterbackSupreme Court of Iowa · 1923
- Getchell & Martin L. M. Co. v. Employers Liability Assurance Corp.Supreme Court of Iowa · 1902
- In Re Estate of O'HaraSupreme Court of Iowa · 1928
- Good Roads Machinery Co. v. OttSupreme Court of Iowa · 1919
- Sterios v. Southern Surety Co.Washington Supreme Court · 1922
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