Dwinnell v. McKibben
Supreme Court of Iowa
Appeal from, Marshall District Court — Hon. N. B. Hyatt, Judge. Action upon a promissory note executed by defendant and E. L. Lemert, dated September 19, 1888, for one thousand six hundred dollars, payable one year after date, with ten per cent, interest, to plaintiff or order.
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Appeal from, Marshall District Court — Hon. N. B. Hyatt, Judge. Action upon a promissory note executed by defendant and E. L. Lemert, dated September 19, 1888, for one thousand six hundred dollars, payable one year after date, with ten per cent, interest, to plaintiff or order. Defendant answered, alleging that he signed said note as surety; that, when he signed it, there was no payee named therein; and that the name of plaintiff was afterwards inserted therein, without his knowledge or consent. He also alleges that, since the execution of .said- note, the plaintiff and said E. L. Lemert,…
1Opinion of the CourtGiven, C. J.
I. The evidence shows without conflict that no payee was named in said note at the time *333plaintiff signed it, and that he signed it as surety; that' the name of plaintiff was thereafter inserted as payee, and said agreements made and indorsed, without the knowledge or consent of defendant; and that plaintiff knew that he was only a surety -when she received the note. The only conflict is- as to whether E. L. Lemert made the false representations alleged, to the plaintiff. Appellant contends that by their respective motions, at the close of the evidence, the parties consented to ..•submit the…
2Cases cited4 opinions
- Bangs v. StrongNew York Court of Chancery · 1842
- Kirby v. LandisSupreme Court of Iowa · 1880
- Hubbard v. HartSupreme Court of Iowa · 1887
- Tousey v. BishopSupreme Court of Iowa · 1867
3Cited by1 opinion
- Reints v. UhlenhoppSupreme Court of Iowa · 1910