Hubbard v. Hart
Supreme Court of Iowa
Appeal from Gass District Court. Action on a promissory note on which defendant is surety. Yerdict and judgment for plaintiff and defendant appeals.
1Opinion of the CourtReed, J.
The defenses pleaded are (1) that there had been an extension of the time of payment of the debt by a contract between plaintiff and the principal debtor, without the knowledge or consent of defendant; and (2) that defendant had been induced to relinquish the security of a chattel mortgage given him by the principal debtor, to indemnify him against his liability on the note, by the representation of plaintiff that the note had been satisfied.
*6691. Surety: extension of time procured by fraud: discharge. I. The note in suit was given on the eighteenth of August, 1SS2, and. became due in six months…
2Cases cited1 opinion
- Kirby v. LandisSupreme Court of Iowa · 1880
3Cited by4 opinions
- White v. MiddlesworthMissouri Court of Appeals · 1890
- Hier v. HarpsterSupreme Court of Kansas · 1907
- Reints v. UhlenhoppSupreme Court of Iowa · 1910
- Dwinnell v. McKibbenSupreme Court of Iowa · 1895