Barnes v. Century Savings Bank
Supreme Court of Iowa
Appeal from Polls District Court. — Hon. Lawrence De Grape, Judge. Action by the maker and guarantor of two promissory notes to cancel the same. Defendants answered, denying the allegations of the petition, and filed counterclaims, in which they asked judgments on the notes. On the issues joined, the case was tried to the court, resulting in a decree dismissing plaintiff’s petition, and giving the bank judgment on its notes, but refusing relief to the bank on the accounting.
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Appeal from Polls District Court. — Hon. Lawrence De Grape, Judge. Action by the maker and guarantor of two promissory notes to cancel the same. Defendants answered, denying the allegations of the petition, and filed counterclaims, in which they asked judgments on the notes. On the issues joined, the case was tried to the court, resulting in a decree dismissing plaintiff’s petition, and giving the bank judgment on its notes, but refusing relief to the bank on the accounting. Plaintiff Schussler and the bank both appeal; but as Sehussler first perfected his appeal, he will be called appellant.…
1Opinion of the CourtDeemer, J.
One branch of this case was considered on a former appeal, the opinion being found in 147 Iowa, 267, and the present case was also before us on some interlocutory orders and an opinion filed, which will be found in 149 Iowa, 367. These cases, and especially the last one, state the issues with great fullness, and reference c is made thereto for a detailed statement thereof. It is sufficient to say that after the ease went back to the'lower court for trial, the defendant bank filed a rejoinder or reply to plaintiff’s reply, in which it denied the allegations of divisions 1 and 2 of the reply,…
2Cases cited35 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Grimes v. SandersSupreme Court of the United States · 1876
- Martin v. WebbSupreme Court of the United States · 1884
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Schiffer v. . DietzNew York Court of Appeals · 1881
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3Cited by15 opinions
- Nissen v. Nissen Trampoline Co.Supreme Court of Iowa · 1949
- Edmunds v. NinemiresSupreme Court of Iowa · 1925
- Monona County v. GraySupreme Court of Iowa · 1925
- Brechwald v. SmallSupreme Court of Iowa · 1917
- Staly v. McNerneySupreme Court of Iowa · 1943
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