Thilmany v. Iowa Paper Bag Co.
Supreme Court of Iowa
Appeal from Wapello District Court. — HoN. Erane W. Eichelbergee, Judge. ActioN to recover the purchase price of a car load of paper shipped to the Iowa Paper-Bag Company.
Read the full summary
Appeal from Wapello District Court. — HoN. Erane W. Eichelbergee, Judge. ActioN to recover the purchase price of a car load of paper shipped to the Iowa Paper-Bag Company. Defendant Daggett was originally joined in the action brought by the plaintiff against the paper-bag company and the Iowa "National Bank, decided at the present term of this court. 108 Iowa, 333. His demurrer to the petition in that case was sustained, and plaintiff thereupon filed a separate petition against Daggett, in which he charged him (Daggett) with personal liability for the purchase price of the paper, because of…
1Opinion of the CourtDeemer, J.
— Plaintiff claims that defendant Daggett is liable on the written guaranty for two reasons: First, because it is his individual contract, was intended to bind him as well as the bank, and was so received and acted upon by appellant; second, for the reason that, if he intended said guaranty or letter of credit to be the obligation of the bank only, he was acting beyond the scope of his authority as vice president of the bank, and failing to bind the bank, is him*359self liable; as an agent wlio attempts to bind Ms principal by a contract he had no authority as such agent to make.
1 Plaintiff also…
2Cases cited13 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- Lewis v. TiltonSupreme Court of Iowa · 1884
- Ogden v. RaymondSupreme Court of Connecticut · 1852
- Allen v. PegramSupreme Court of Iowa · 1864
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- Alsco Iowa, Inc. v. JacksonSupreme Court of Iowa · 1962
- Ellis v. StoneNew Mexico Supreme Court · 1916
- Cohen v. HaydenSupreme Court of Iowa · 1916
- Great Lakes Coal & Dock Co. v. Seither Transit Co.Court of Appeals for the Eighth Circuit · 1915
12 more not listed; retrieve them via the Exa API.