Mills v. Brown
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Action on promissory notes executed by defendant to plaintiff. Defendant pleaded a set off of six hundred dollars, and alleged as cause therefor: “That he signed as security and became liable upon a certain promissory note executed by one P. Gr.
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Appeal from Pottawattamie District Court. Action on promissory notes executed by defendant to plaintiff. Defendant pleaded a set off of six hundred dollars, and alleged as cause therefor: “That he signed as security and became liable upon a certain promissory note executed by one P. Gr. Peterson to Thomas J. Allen for the sum of six hundred dollars, due on or before the 25th day of December 1857, and that he was induced to sign said note by certain false and fradulent representations to him made by said plaintiff, concerning the responsibility of said P. G. Peterson, stating to this defendant…
1Opinion of the CourtWright, J.
The authorities unite in declaring that whenever the main purpose of the person promising is not to answer for another, but to subserve some object of his own, the promise is not within the statute of frauds, although inform it may be a promise to pay another’s debt, and although incidentally the performance of it may have the effect of extinguishing the liability of another. And in note (m) to 2 Parsons on Cont. 302, it is said that a promise by A to indemnify B for guaranteeing a debt due from C to D, is not within the statute as being an undertaking to answer for the debt of C. Par. Cont,…
2Cases cited2 opinions
- Chapin v. MerrillNew York Supreme Court · 1830
- Dunn v. West & HackleyCourt of Appeals of Kentucky · 1845
3Cited by14 opinions
- Johnson v. KnappSupreme Court of Iowa · 1873
- French v. FrenchSupreme Court of Iowa · 1892
- Beeson v. GreenSupreme Court of Iowa · 1897
- Kladivo v. MelbergSupreme Court of Iowa · 1929
- American Lead Pencil Co. v. F. A. Wolfe & Co.Supreme Court of Florida · 1892
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