Atherton v. Marcy
Supreme Court of Iowa
Appeal from Sae District Oov/rt. Action upon a promissory note. The defenses were that the note was executed without any consideration, and that it had been, fully paid. There was a trial by jury, and a verdict and judgment for the defendant. Plaintiff apppeals.
1Opinion of the CourtEothbook, J.
I. The plaintiffs were merchants, and the defendant claims that they héld a note on his father for goods sold, and that, when, the note became due or about due, the plaintiffs procured the defendant to give the note in suit for the debt; that the note in controversy was payable in six months; that he gave this note without any request from his father to do so, and without any consideration moving to defendant.
The plaintiffs claimed on the trial that the original debt was the joint debt of the defendant and his father; that they both purchased the goods, and that the claim was due, and the…
2Cited by7 opinions
- Bonner Oil Co. v. GainesTexas Supreme Court · 1917
- McAtee v. ShadeCourt of Appeals for the Eighth Circuit · 1910
- Mohn v. MohnSupreme Court of Iowa · 1917
- Farmers & Merchants State Bank v. KuhnNebraska Supreme Court · 1933
- First Trust Joint Stock Land Bank v. CuthbertSupreme Court of Iowa · 1933
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