KURTH v. VAN HORN

No. 84-963.

380 N.W.2d 693 (1986)

William D. KURTH, Trustee of Herman B. Gerdes Trust, et al., Appellees, First Miss, Inc.; Grettenberg's, Inc.; and Glen Lowman, agent, Cross-Appellants, v. Robert VAN HORN and First National Bank in Glidden, Appellants.

Supreme Court of Iowa.

Rehearing Denied February 25, 1986.


Attorney(s) appearing for the Case

Brent B. Green and Sam F. Scheidler, of Gamble, Riepe, Webster, Davis & Green, Des Moines, and Raymond O. Snook, of Snook Law Office, Glidden, for appellants.

James R. Van Dyke, of Van Dyke & Werden, P.C., Carroll, for appellees and cross-appellants.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, CARTER, and WOLLE, JJ.


LARSON, Justice.

Thomas P. Hall, a Glidden area farmer, became financially strapped and asked his landlord, Herman B. Gerdes, to help him get a loan from the defendant bank. Gerdes agreed to do so and cosigned, with Hall, a note to the bank, secured by a mortgage on farmland owned by Gerdes. Gerdes then turned the proceeds over to Hall. Shortly afterward, Gerdes died. The trustee of the Herman B. Gerdes Trust, and two beneficiaries of the Gerdes estate, sued the bank...

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