Bender v. Been
Supreme Court of Iowa
Appeal from Ringgold District Court. — Hon. R. C. Henrt, Judge. Action upon a promissory note. A demurrer to defendant’s answer was overruled, and plaintiff refusing to further plead, and standing on his demurrer, judgment was rendered for defendant. Plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The promissory note in suit was jointly executed by defendant and four others. It called for two hundred and twenty dollars, and, after certain payments were deducted, it is claimed in the petition that one hundred and fifty dollars remained due thereon, for which judgment is asked. The defendant alleged in his answer that a prior endorsee of the note, while holding it, did execute a writing, discharging defendant from all liability thereon, which is in the following words:
“M't. Aye, Iowa, 5-3, 1887.
“ Received of Chas. A. Been forty dollars, and same credited on note dated March 2, 1882,…
2Cases cited5 opinions
- Works v. HersheySupreme Court of Iowa · 1872
- Early v. BurtSupreme Court of Iowa · 1886
- Bryan v. BrazilSupreme Court of Iowa · 1879
- Rea v. OwensSupreme Court of Iowa · 1873
- Myers v. ByingtonSupreme Court of Iowa · 1872
3Cited by8 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Tuttle v. Polk & HubbellSupreme Court of Iowa · 1891
- Cole v. GeorgeWest Virginia Supreme Court · 1920
- Simmons Hardware Co. v. AdamsCourt of Appeals of Texas · 1912
3 more not listed; retrieve them via the Exa API.