117 Iowa 552 | Iowa | 1902
At the close of the plaintiff’s case the plaintiff, without offering any testimony, moved the court .to direct a verdict in its favor. The motion is based on numerous grounds, which may be condensed as follows: That while there is evidence tending to show, in general terms, that the bank agreed to procure an assignment of the stock, 'there is nothing to show the kind of assignment contemplated by the parties, — whether one which would be good between the parties only, or one good against attaching •creditors, or whether it should be written or oral, — and that the alleged agreement is therefore void for uncertainty. In further support of the motion it is said that there is no evidence that the plaintiff ever promised or agreed to pro- • cure any entry of the assignment of the stock upon the books of the corporation; that there is no sufficient showing of damage sustained by the defendant; that there is no proper showing of the value of the stock, or the amount which would have been realized to the defendant had the •assignment been obtained before the attachment; that there is no showing of negligence on part of the bank; and that it further appears that since the occurrences of which defendant complains, and with full knowledge thereof, he has executed and delivered to plaintiff the renewal notes in suit, and has thereby settled and waived his right of action, if any he ever had. This motion was ■.sustained by the trial court, and from the judgment entered ..upon such directed verdict the defendant appeals.
For the reasons above given, the judgment of the court below is reversed, and the cause remanded for a new trial. —Reversed.