German American Savings Bank v. Hanna
Supreme Court of Iowa
Appeal from Des Moines District Court.— Hon. Jas. D. Smyth, Judge. In September, 1889, M. L. Wherry executed a promissory note for tbe sum of $2,500, payable to her father, John Hanna. She took the note to him, and he indorsed it, “ Payment guaranteed,” and returned it to her. It was afterwards and before maturity deposited with the plaintiff as collateral security for the indebtedness of J. W. Wherry, the husband of the maker.
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Appeal from Des Moines District Court.— Hon. Jas. D. Smyth, Judge. In September, 1889, M. L. Wherry executed a promissory note for tbe sum of $2,500, payable to her father, John Hanna. She took the note to him, and he indorsed it, “ Payment guaranteed,” and returned it to her. It was afterwards and before maturity deposited with the plaintiff as collateral security for the indebtedness of J. W. Wherry, the husband of the maker. It was filed as a claim against the estate of John Hanna and allowed. The executors appeal.
1Opinion of the CourtSherwin, J.
*3761. transactions deceased : ofawftCness.n *375M. L. Wherry, the maker of the note, testified that at the request of her husband, J. W. Wherry, *376she took the note in suit to her father,, told him that her husband wished him to indorse it, and that her father went into the house, and, after a short time, returned and handed her the paper, and that she afterwards delivered it to her husband. The husband testified that he received the note from his wife, indorsed it, and pledged it to the hank. It is doubtful whether the objections made to the introduction of this testimony were sufficient to raise the…
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