Kendig v. Linn
Supreme Court of Iowa
Appeal from Madison District Court. Action upon a promissory note. The defendants admit the execution of the note, but aver that the same is usurious. Other facts are stated in the opinion. Judgment for plaintiff. Defendants appeal.
1Opinion of the CourtAdams, J.
i time of loan: surety. Prior to the execution of the note sued on, the defendants and one Noalces had executed their note to one Harris for $250, with ten per cent interest, which note had been assigned to the plaintiff. This note was joint and several, though, in fact, as between the makers, Noakes was principal, and the defendants, Linn and Hanson, were sureties. About the time the note became due,, Noakes, being then absent from the State, and wishing to procure an extension of the note for another year, wrote to the defendants, asking thena to call upon the plaintiff and procure such…
2Cases cited3 opinions
- Carmichael v. BodfishSupreme Court of Iowa · 1871
- Ferrier v. Scott's AdministratorsSupreme Court of Iowa · 1864
- Gray v. BeldenSupreme Court of Florida · 1850
3Cited by2 opinions
- Kendig v. MarbleSupreme Court of Iowa · 1880
- Stoddard v. LloydSupreme Court of Iowa · 1890