Whiting v. Western Stage Co.
Supreme Court of Iowa
Appeal from Henry District Court. The facts of this case, as found by the court below, are as follows: From 1857 to July 1, 1861, A. C. Parks was the general agent of the defendant at Mt.
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Appeal from Henry District Court. The facts of this case, as found by the court below, are as follows: From 1857 to July 1, 1861, A. C. Parks was the general agent of the defendant at Mt. Pleasant, and along the line of travel to Eddy ville, with general authority to do whatever was necessary to enable defendant to operate its line of stages, including the power to raise money, for the use and benefit of the defendant, on its notes, signed with its name by said Parks as agent, by getting such notes discounted at the Mt. Pleasant Branch of the State Bank- of Iowa, and' by other persons. At…
1Opinion of the CourtWeight, J.
In addition to the facts found by the court, it is proper to state that the testimony tended to show that Parks was insolvent in 1864; that he settled with defendant in September, 1861, and was found indebted in about $3,200, for which he gave security. Whether the debt to the bank was in this settlement treated as owing by Parks, or whether it was in any manner referred to, does not appear.
After the expiration of one year from the date of the mortgage, the bank permitted the note (at the request of Parks) to remain as before, being content to let it run if the interest was paid. Parks paid…
2Cases cited3 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Bigelow, Bros. & Kennard v. DenisonSupreme Court of Vermont · 1851
3Cited by6 opinions
- Berryhill v. JonesSupreme Court of Iowa · 1872
- Peoria Steam Marble Works v. HickeySupreme Court of Iowa · 1900
- J. W. Edgerly & Co. v. CoverSupreme Court of Iowa · 1898
- Moore v. First Ruthven Circuit Methodist Episcopal ChurchSupreme Court of Iowa · 1902
- Gould v. BowenSupreme Court of Iowa · 1868
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