154 Iowa 472 | Iowa | 1912
The facts stated most strongly for plaintiff, as they should be, because of the order directing the verdict, arc as follows:
Prior to February 23, 1909, one Anna Molin was indebted to plaintiff on open account for a balance of $204.79. She was preparing to leave Des Moines, where she had resided while the goods for which she was indebted had been purchased, and, learning of that fact, plaintiff’s credit man called upon Mrs. Molin with intent of bringing suit against her unless she paid or secured the balance due. He met her on the morning of February 23, 1909, and then made arrangements to meet her and the defendant on the afternoon of the same day at her home. Pursuant to arrangement, the credit man went to Mrs. Molin’s home, and, shortly after arriving there, defendant appeared and was introduced. Demand was made of Mrs. Molin that she pay or settle the account, and, as she did not have the money wherewith to meet her obligation, she asked the defendant -to advance her $200, telling him that she had to p>ay the.bill, and that she would pay the $4.79 remaining in currency. Before granting the request, defendant took Mrs. Molin into another room for a private conference,
Recurring to the most elementary principles of law,
The judgment must be, and it is, reversed.