Legal Opinion

Gordon v. Pitt

Supreme Court of Iowa

Decided December 15, 1856PublishedCited by 6 opinions

Appeal from the Louisa District Court. Suit to recover of Samuel Pitt, aud William Parker, the amount of two joint and several negotiable promissory notes, for $300 each, given by them, payable to plaintiff’s intestate, dated November 9th, 1847, and payable respectively in fourteen and twenty-six months, with interest at the rate of ten per centum per annum.

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Appeal from the Louisa District Court. Suit to recover of Samuel Pitt, aud William Parker, the amount of two joint and several negotiable promissory notes, for $300 each, given by them, payable to plaintiff’s intestate, dated November 9th, 1847, and payable respectively in fourteen and twenty-six months, with interest at the rate of ten per centum per annum. The answer of defendants denies all indebtedness, and avers that the notes were given to John Pitt in his lifetime, as accommodation notes; that no consideration was received for them, by defendants, or either of them; and that the notes…

1Opinion of the Court

Stockton, J. —

’The defendant claims that tbe court erred in instructing tbe jury, that they might return a verdict against one or both of the defendants. The answer to this is, that if the instruction was erroneous, which we are not prepared to admit, we do not see that tbe defendant, Pitt, is prejudiced thereby, since the verdict was against both defendants. It is claimed, in the second place, that the court erred in granting a new trial as to one, and not as to both defendants, and the question is distinctly presented, whether in the case of tbe joint and several obligors on a promissory…

2Cases cited1 opinion

  1. Conant v. WillsU.S. Circuit Court for the District of Indiana · 1839

3Cited by6 opinions

  1. Albright v. McTigheU.S. Circuit Court for the District of Western Tennessee · 1892
  2. Brockman v. BerryhillSupreme Court of Iowa · 1864
  3. Snyder v. EldridgeSupreme Court of Iowa · 1870
  4. Goddard v. CunninghamSupreme Court of Iowa · 1858
  5. Stoddart v. McMahanTexas Supreme Court · 1872

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