98 Iowa 246 | Iowa | 1896
I. November 7, 1893, Webber, one of the defendants, was indebted to the Schaller Savings Bank, upon two promissory notes, — one for one thousand, three hundred and twenty-three dollars and sixty cents, and the other for four hundred and fifty dollars,
II. Counsel for appellant argue three propositions: First, they insist that the agreement which it is sought to specifically enforce is not a valid and binding obligation upon the Schaller Savings Bank because it was not executed as provided by the articles of incorporation and by-laws governing said bank; second, it is said that it is not shown, by either the pleadings or evidence, that appellant Patterson in any manner bound himself to assign his interest in the lands, and there was no consideration to support such an agreement if made; third, that upon the merits of the case plaintiffs were not entitled to a decree. We find it necessary to consider only the last point made. Prom the statement heretofore set out, and from the evidence, it appears, we think, very satisfactorily, that plaintiffs, at the time Parker went to the bank to make an arrangement to take the claim of the bank and Patterson’s claim, knew that said claims amouted bo about two thousand four hundred dollars. Indeed, Parker admits, in his testimony, that he had been so informed, and when Webber told him he had reduced bhe amount of these claims to one thousand five hundred dollars by payments, he (Parker) would not take Webber’s statement as correct, but insisted that they go to the bank and ascertain the real facts. Now, Parker claims that Webber was present during bhe entire interview at the bank; but,- from all of the evidence, we are warranted in saying bhat in this he is mistaken. It is evident that Webber was present only a few minutes. With bhe knowledge which Parker had previously obtained from the cashier of the bank as to the amount of the