Lyon v. Aiken
Supreme Court of Iowa
Appeal from Dallas Circuit Court. AotioN on a promissory note. A demurrer to tbe second count in tbe answer was sustained, and tbe defendant appeals.
1Opinion of the CourtSeevers, J.
Tbis action was brought on a note executed by I. Warford and tbe defendant. As a defense it was pleaded that tbe note was executed to secure a partnership indebtedness of tbe makers, who were then associated together in business; that defendant sold bis interest therein to Warford, who, in consideration thereof, agreed to pay tbe indebtedness of said partnership, including said note. Thereafter tbe plaintiff and Warford associated themselves together in business; and tbe defendant, being anxious that tbe note should be 'paid, requested tbe plaintiff to take immediate steps to collect it, or…
2Cases cited1 opinion
- Stout v. FolgerSupreme Court of Iowa · 1871
3Cited by2 opinions
- Vorse v. Des Moines Marble & Mantel Co.Supreme Court of Iowa · 1898
- Marshall Field & Co. v. SutherlandSupreme Court of Iowa · 1907