Johnson v. Saum
Supreme Court of Iowa
Appeal from Jones District Gourt. — Hon. H. M. Remley, Judge. Action at law to recover an amount alleged to have been overpaid to the defendant, or to have been omitted by mistake from a settlement between the parties. Demurrer to the petition having been sustained, and judgment entered thereon, plaintiff appeals.
1Opinion of the CourtWeaver, J.
The petition states, in substance, the following facts: Some years prior to the commencement of this suit the defendant became the plaintiff’s surety upon a bond given to stay execution upon a judgment which plaintiff was liable to pay, and, to secure defendant against loss upon said bond, plaintiff gave him his promissory note, secured by mortgage on chattel property. Afterward defendant sold said property under the mortgage, realizing thereon enough to satisfy the judgment, but plaintiff *146also turned out to defendant still other property in satisfaction of said claim. Thereafter, and after…
2Cited by2 opinions
- Fidelity Savings Bank v. ReederSupreme Court of Iowa · 1909
- Johnson v. SaumSupreme Court of Iowa · 1908