(Download) "Bjornsen Constr. Co. v. Whitmer & Sons" by Supreme Court Of Iowa. # Book PDF Kindle ePub Free
eBook details
- Title: Bjornsen Constr. Co. v. Whitmer & Sons
- Author : Supreme Court Of Iowa.
- Release Date : January 12, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The sole issue presented by this appeal is whether the trial court erred in sustaining plaintiff's motion for a summary judgment in an action on a promissory note. The question is as to the sufficiency of appellants' affidavit filed in resistance to plaintiff's motion, i.e., whether it stated a substantial issue of fact which, if taken as true, would justify a trial on the merits. The trial court held the sole test was whether the affidavit presented such an issue, found that it did not, and rendered judgment in favor of plaintiff and against the defendant appellants Velma B. Whitmer and Barbara A. Whitmer in the sum of $3948.57, with interest at 6% per annum from April 1, 1960, and for costs and statutory attorney fees. Plaintiff brought this action on a promissory note signed by defendants J.A. Whitmer & Sons, Keith Whitmer, Barbara A. Whitmer, J.A. Whitmer and Velma B. Whitmer, as comakers, under date of April 1, 1960, in the principal sum of $3948.57, payable $300 per month beginning April 1, 1960. Barbara A. Whitmer and Velma B. Whitmer filed their separate answer, admitted the execution of the note, but alleged the amount represented a debt of J.A. Whitmer & Sons, a partnership ""which sum was due the plaintiff upon an open account"", and that while they are the respective spouses of Keith Whitmer and J.A. Whitmer, they are not members of the partnership, were in no way indebted to plaintiff, that they received no thing of value for their signatures on the note, and that the instrument as to them was wholly without consideration.
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