Lawrence Savings Bank v. Stevens
Supreme Court of Iowa
Appeal from, Wapello Circuit Court. ■ This is an action against ¥m. A. Stevens upon a judgment recovered at the October term, 1874, of the District Court of Douglas County, Kansas, for the sum of $2,-792.70, against. William H. Carey and,William A. Stevens, on personal service of summons, upon a note executed by Wm. FI. & C. J. Carey and Wm.
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Appeal from, Wapello Circuit Court. ■ This is an action against ¥m. A. Stevens upon a judgment recovered at the October term, 1874, of the District Court of Douglas County, Kansas, for the sum of $2,-792.70, against. William H. Carey and,William A. Stevens, on personal service of summons, upon a note executed by Wm. FI. & C. J. Carey and Wm. A. Stevens to L. B. Harris, and by him indorsed in .blank. ■ The defendant for answer admits the plaintiff obtained the judgment, but alleges it was procured by fraud of plaintiff or its attorneys; that -he had a complete defense, and was informed the…
1Opinion of the Court
Day, Oh. J.
i. former faiÍure°umíil terposs detense. The substance of defendant’s claim in his answer is that when defendant sold his interest in the cattle and hogs to the Careys, it was agreed that plaintiff was to have the entire control and charge of said stock, and was to assume and pay off all debts of said Stevens and Careys, and to save defendant harmless from any note given by said Careys and himself, including the Harris note, upon which said judgment was founded. The testimony introduced by defendant tends to establish this averment of his answer. The testimony further shows that…
2Cases cited5 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Stout v. FolgerSupreme Court of Iowa · 1871
- Hackworth v. ZollarsSupreme Court of Iowa · 1870
- Dalter v. GuyeSupreme Court of Iowa · 1862
- Campbell v. AyresSupreme Court of Iowa · 1855
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