Chlein v. Kabat
Supreme Court of Iowa
Appeal from, Dubuque Circuit Court. Action upon a promissory note. There was a trial by a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the Court
Adams, Ch. J.
*292i. pleading: after evidence not allowable, *291I. The note in question was executed by *292one J. Kabat and bis wife, the defendant E. Kabat, and was given for borrowed money. Mrs. Kabat, in her answer, averred that she signed the note without consideration; that the money was borrowed by her husband alone, and that the note was executed and delivered by him alone, and afterwards,' at the mere request of the plaintiff, she signed it also. She also averred that afterwards she obtained permission of the plaintiff to erase her name from the note, and did erase it. The note, as offered in…
2Cases cited1 opinion
- Phœnix Insurance v. DankwardtSupreme Court of Iowa · 1877
3Cited by4 opinions
- Rule v. CareySupreme Court of Iowa · 1916
- Holbert v. KellerSupreme Court of Iowa · 1913
- Greenlee v. Home InsuranceSupreme Court of Iowa · 1897
- Winn v. StrongSupreme Court of Iowa · 1923