City of Davenport v. Mitchell
Supreme Court of Iowa
Appeal from the Scott District Court Suit on two promissory notes, the execution and delivery of which are admitted by defendant in his answer, but he pleads in bar to plaintiff’s recovery, an agreement to tbe effect that said notes were not to become due and payable until he, the said defendant, should be released from his liability, as indorser, upon certain notes which had been given by the plaintiff; alleging that said last named notes had not been paid, nor had he been…
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Appeal from the Scott District Court Suit on two promissory notes, the execution and delivery of which are admitted by defendant in his answer, but he pleads in bar to plaintiff’s recovery, an agreement to tbe effect that said notes were not to become due and payable until he, the said defendant, should be released from his liability, as indorser, upon certain notes which had been given by the plaintiff; alleging that said last named notes had not been paid, nor had he been discharged from liability thereon. Afterwards, with leave of the Court, the plaintiff filed a supplemental petition,…
1Opinion of the CourtLowe, J.
The particular point made in the argument of appellant was, that the written agreements set out in the record, entered into by the plaintiffs, whereby it was stipulated that the defendant’s notes were not to become due and payable until he was released as indorser upon the liabilities of the city, were of the. same date of the notes sued, and constituted a part of the same contract, and as his liability for the city debts still existed at the commencement of the suit, no cause of action had accrued against him in favor of the city; and that whatever else the plaintiff might do by a…
2Cases cited1 opinion
- Seevers v. HamiltonSupreme Court of Iowa · 1860
3Cited by4 opinions
- Orton v. NoonanWisconsin Supreme Court · 1872
- Leach v. Germania Building Ass'nSupreme Court of Iowa · 1897
- Little v. Pottawattamie CountySupreme Court of Iowa · 1904
- Central City Savings Bank v. SnyderSupreme Court of Iowa · 1919