184 Iowa 1031 | Iowa | 1918
On January 14, 1914, plaintiff signed a note, as surety, for $300, payable to the Home Savings Bank of lies Moines, on demand. The principals on the note are A. A. and Emma George. The defendant is an officer of the bank. The makers failed to pay the note, and judgment was obtained against plaintiff for the amount thereof. It appears from the evidence that A. A. George had become somewhat involved- financially, but his wife was the owner of tAvo separate tracts of real estate in the city
The defendant, however, claims that the note was given to the bank, by which the $1,600 loan was made to Emma George; that he had no interest in the matter, except as an officer of the bank for which he acted in the transaction; that he assumed no personal obligation whatever; and that the alleged oral promise was wholly without consideration, and not binding upon him.
It is, of course, familiar doctrine that an agent may personally bind himself while acting for another. Triplett v. Jackson, 130 Iowa 408. Whether, however, the agent who discloses his principal does so bind himself depends upon the intention of the parties at the time. In the case at bar, plaintiff knew that his daughter was borrowing $300 of the bank; that the defendant was cashier thereof; that the money was to be used for the purpose of clearing the title to certain real property, preparatory to later obtaining a loan of $1,600 from the bank; that the defendant was interested therein only as an officer of the bank: and, as we view the evidence, he could not have understood
We reach the conclusion, upon the whole record, that defendant clearly acted only for the bank; that plaintiff so understood; and that defendant neither intended to, nor did, assume the obligation of paying the $300 note, or of applying the necessary portion of the $1,600 loan to the payment thereof. There was nothing to submit to the jury, and