American Commercial & Savings Bank v. Kramer

Supreme Court of Iowa
American Commercial & Savings Bank v. Kramer, 219 N.W. 931 (Iowa 1928)
206 Iowa 49
Evans

American Commercial & Savings Bank v. Kramer

Opinion of the Court

Evans, J.

Whether the defendant received any consideration is not the sole criterion in such a case. It is sufficient if the payee parted with consideration, even though the particular signer received none of it. In this case, consideration did pass from *51 the payee to Goodman by the extension of time. This extension was consented to by the payee on the condition that the wife would sign the agreement. In the first instance, Goodman agreed that he would procure her signature. He did procure it. The condition being thus performed, the extension was created. Upon such a state of facts, the defense of want of consideration is wholly precluded. First Nat. Bank v. Phillips 203 Iowa 372.

Appellant’s contention in argument is that the ease is ruled by our holdings in Hinman v. Trenien, 196 Iowa 701; Le Fleur v. Caldwell, 196 Iowa 727; Insell v. McDaniels, 201 Iowa 533; and Gorman v. Sampica, 202 Iowa 802. None of the foregoing cases are in point. In none of those cases was the principal maker - of the obligation under any promise or duty to procure the wife’s signature. Her signature was attached by her to a contract already complete. It was not done pursuant to any previous promise or condition. The payee parted with nothing on the faith thereof, nor did the principal maker receive anything. Such is not the case before us.

The decree of the district court is, accordingly, — Affirmed.

All the justices concur.

Reference

Full Case Name
American Commercial & Savings Bank of Davenport, Appellee, v. Frank H. Kramer Et Al., Appellees; Ida May Goodman, Appellant
Cited By
13 cases
Status
Published