Drefahl v. Tuttle
Supreme Court of Iowa
Appeal from Linn District Court. Action of replevin. Trial by the court. Judgment for defendant. Plaintiff appeals. The facts of the case appear in the opinion. An appeal to the Supreme Court brings up for review the intermediate rulings of the court below which have been duly excepted to and not otherwise waived. (Jones v. C. <& N. W. R. Co., 36 Iowa, 68.) , Each joint judgment debtor is liable for the whole judgment.
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Appeal from Linn District Court. Action of replevin. Trial by the court. Judgment for defendant. Plaintiff appeals. The facts of the case appear in the opinion. An appeal to the Supreme Court brings up for review the intermediate rulings of the court below which have been duly excepted to and not otherwise waived. (Jones v. C. <& N. W. R. Co., 36 Iowa, 68.) , Each joint judgment debtor is liable for the whole judgment. (Starry v. Johnson, 32 Ind., 438.) A release or relinquishment of indebtedness as to one of sev- . eral joint debtors is in legal operation a discharge of- the whole debt, and…
1Opinion of the Court
Miller, Ch. J.
The District Court made a finding of facts as follows:
1. On the 18th day of December, 1869, William Drefahl, plaintiff, Robert Tuttle, the defendant, and M. Springer executed a promissory note for $580, payable to the order of Samuel Reede, due in 10 months, with interest at 10 per cent.
*1792. The- note above referred to was for borrowed money, of which Drefahl received $100.00, Tuttle $100.00 and Springer $380.00. Tbe testimony establishes that as between the parties Tuttle was only a principal maker as to the $100.00 he received, and that as to Springer and Drefahl, he was their…
2Cases cited5 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Brown v. . BowenNew York Court of Appeals · 1864
- Lucas v. HartSupreme Court of Iowa · 1857
- Bones v. AikenSupreme Court of Iowa · 1872
- Presnall v. HerbertSupreme Court of Iowa · 1872
3Cited by10 opinions
- Kaufman Bros. v. Farley Manufacturing Co.Supreme Court of Iowa · 1889
- Hunt v. Iowa Central Railway Co.Supreme Court of Iowa · 1892
- Searing v. BerrySupreme Court of Iowa · 1882
- In Re Estate of KahlSupreme Court of Iowa · 1930
- Ellis v. LeonardSupreme Court of Iowa · 1899
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