92 Iowa 144 | Iowa | 1894
This case is now before us on rehearing. It was originally considered with the case of Livermore v. Maxwell and three other, cases, submitted together and determined in one opinion. Tho cases are reported in 87 Iowa, 705, 55 N. W. Rep. 37. The rehearing is only as to the one case, and it was granted because of a mistake of fact in the former consideration. As this opinion must necessarily be supplemental to the former opinion, because of the other cases considered therein, it will not be necessary to fully restate the facts, and we may in some particulars refer to the former opinion. Briefly, the facts are that the defendant Ginsbach applied to J. M. Dunn for a loan of money, and made a written application therefor,
The district court denied to the plaintiff any relief. On the former hearing in this court, we reversed the judgment- below wherein it refused a judgment and foreclosure against G-insbach and wife, and affirmed it in so far as it denied to plaintiff relief against defend