McNamee v. Carpenter
Supreme Court of Iowa
Appealfrom Fayette Circuit Court. Action upon a promissory note executed by the defendant to Mason A. and Phebe King. Mason A. King is dead, and the action is brought by the plaintiff as administrator of his estate. The defendant for answer averred, among other things, that Phebe'King was the owner of one half of the note, and the jury found specially that this allegation was true.
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Appealfrom Fayette Circuit Court. Action upon a promissory note executed by the defendant to Mason A. and Phebe King. Mason A. King is dead, and the action is brought by the plaintiff as administrator of his estate. The defendant for answer averred, among other things, that Phebe'King was the owner of one half of the note, and the jury found specially that this allegation was true. They also found that the plaintiff’s intestate at the time of his death was the ojvner of the other half. ' There was no general verdict, but the court rendered judgment in favor of the plaintiff for the full…
1Opinion of the Court
Adams, Ch. J.
If the defendant is liable to Phebe King for one half of the note, it was his right to resist the recovery of judgment by plaintiff for the full amount. He might, indeed, resist any recovery, for defendant should be subjected to but one action. The Code contemplates that the joint owners of a note should, in a suit thereon, be joined as plaintiffs, unless some refuse to join, in which case the joint owners so refusing should be made defendants. Section 2548.
The plaintiff, however, insists that the action was rightly brought, because the plaintiff held the legal title to the half…
2Cited by4 opinions
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- Union Bank v. SpiesSupreme Court of Iowa · 1911
- Robinson v. HintragerU.S. Circuit Court for the District of Northern Iowa · 1888
- Northwestern National Bank & Trust Co. v. HawkinsSupreme Court of Minnesota · 1939