Avery, Spangler & Co. v. Chapman
Supreme Court of Iowa
Appeal from Guthrie District Court. This is an action at law by which the plaintiffs seek to recover damages of the defendant for fraudulently representing to the plaintiffs the financial condition of one ITntley, whereby plaintiff's were induced to extend credit to Hutley to their injury, There was a trial by jury, which resulted in a verdict for the defendant. A motion for a new trial was overruled, and judgment was rendered upon the verdict. Plaintiffs appeal.
1Opinion of the CourtRothrock, J.
I. The plaintiffs are grain merchants at Walnut, Iowa. The defendant is a banker at Stuart.
On the twenty-first day of August, 18Y8, one of the plaintiffs addressed a letter to the defendant, of which the following is a copy: “Jonathan Hutley bought several cars of corn from us, which we will ship to-day. How is he; all right? Please answer by return.
“Tours respectfully,
“J. 0. Spanglee.”
The letter was answered on the same day as follows: “In my opinion Jonathan Hutley is all right, and will pay for all grain he buys as soon as it is on track. He has a good account with me.
“ Tours truly,
“E. Gr.…
2Cases cited2 opinions
- Holmes v. ClarkSupreme Court of Iowa · 1860
- McKown v. FurgasonSupreme Court of Iowa · 1878
3Cited by11 opinions
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Boddy v. HenrySupreme Court of Iowa · 1901
- McGibbons v. WilderSupreme Court of Iowa · 1889
- Beach v. BeachSupreme Court of Iowa · 1913
- Runge v. BrownNebraska Supreme Court · 1888
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