James v. Day
Supreme Court of Iowa
Appeal from Lucas Cwcwit Court. Tuesday, October I. The plaintiffs in their capacity as executors of the last will and testament of Caleb James, deceased, sue the defendants on a promissory note made by tbe defendants, to recover an installment of interest alleged to be due thereon.
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Appeal from Lucas Cwcwit Court. Tuesday, October I. The plaintiffs in their capacity as executors of the last will and testament of Caleb James, deceased, sue the defendants on a promissory note made by tbe defendants, to recover an installment of interest alleged to be due thereon. The note is as follows: “ $2,000. Chariton, Iowa, May 3, 1866. “ On or before the decease of Elizabeth James, widow of Caleb James, deceased, we promise to pay to Caleb James and Curtis H. James, executors of the last will and testament of Caleb James, deceased, two thousand dollars, with ten per cent per annum,…
1Opinion of the CourtMiller, J.
The basis of the relief asked by the defendant Day, in his cross-demand, is the alleged fact that he sustains the relation of surety to his co-defendant Close. He was not surety on the note at the time of its execution and delivery. He was a joint purchaser of the land for which the note was given in part consideration, so that in making the note he became a joint maker thereof with Olose for their joint debt. They were both principals in law and in fact. This the answer of Day concedes. It is alleged, however, that Day’s relation to the other parties was subsequently changed, and that he…
2Cases cited3 opinions
- Corbett v. WatermanSupreme Court of Iowa · 1860
- Massie v. MannSupreme Court of Iowa · 1864
- Stevenson & Rice v. District Township of SummitSupreme Court of Iowa · 1872
3Cited by15 opinions
- Robertson v. StuhlmillerSupreme Court of Iowa · 1895
- Willock's EstateSuperior Court of Pennsylvania · 1914
- Iowa Loan & Trust Co. v. HallerSupreme Court of Iowa · 1903
- In re RothDistrict Court, N.D. Ohio · 1920
- Iowa Title & Loan Co. v. Clark Bros.Supreme Court of Iowa · 1929
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