Miller v. McCallen
Supreme Court of Iowa
Appeal from Lyon District Court. Action upon a promissory note. There was a trial before a jury, and verdict and judgment were rendered for tbe plaintiffs. The defendant Wagner appeals.
1Opinion of the Court
Adams, On. J.
1. surety cSargeoi by" timlllsl011 oi The defendant Wagner averred that he signed the note as surety for the defendant McCallen, and plaintiffs extended the time of payment of the note without his consent, and by reason thereof he became released. The court instructed the jury that there was no evidence showing an extension. The facts appear to be that the plaintiffs are proprietors of the Lyon County Bank; that McCallen borrowed money at the bank, and gave the note in question, with Wagner as surety; that some time after the note fell due he went into the bank and paid the…
2Cited by1 opinion
- Hamilton Nat. Bank v. BreedenTennessee Supreme Court · 1914