Citizen's National Bank v. Wilson
Supreme Court of Iowa
Appeal from Marion District Gourt. — Hon. J„ D. Gamble, Judge. ^ ' Action on promissory note. McCoy defended 'oh the ground that he was surety only, and that he had been discharged by acceptance of a new note, extending the time of payment without his consent. From judgment on a directed verdict against all the defendants, McCoy alone appeals.
1Opinion of the CourtMcClain, J.
The execution of the note in suit was admitted, and the burden of proving payment or discharge *157was assumed by defendant McCoy. Thereupon evidence was offered in his behalf tending to show that about seven months after the maturity of the note, which was for $1,000, the plaintiff, holding at the same time another note (which may be referred to as the “Oarruthers note”) for $200, on which the Wilsons were liable, received from the Wilsons $240, and had them execute two notes for $800 and $200, respectively, payable on demand; that on the note register of the banlr an entry was made by its…
2Cases cited3 opinions
- German Savings Bank v. Bates Addition Improvement Co.Supreme Court of Iowa · 1900
- Auburn City National Bank v. . HunsikerNew York Court of Appeals · 1878
- Oxford State Bank v. HolscherSupreme Court of Iowa · 1901
3Cited by1 opinion
- Reints v. UhlenhoppSupreme Court of Iowa · 1910