Auchampaugh v. Schmidt
Supreme Court of Iowa
Appeal from Buchanan District Court. ActioN upon a promissory note, executed to the plaintiff’s intestate, J. P. Schneider, by the defendant and one Leipold. There was a trial to the court, and judgment was rendered for the defendant. The plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.
The note appears upon its face to be the joint note of Charles Leipold and the defendant, Christian Schmidt. The defendant, however; pleaded that he signed the note as surety, and that the holder and payee of the note, after the same became due, agreed to look exclusively to Lei-pold, and released the defendant.
Upon the trial, the defendant called his wife as a witness, to prove that he executed the note as surety. The plaintiff objected to the testimony, on the ground that the execution of the note was a personal transaction between the defendant and the plaintiff’s intestate,…
2Cited by4 opinions
- Conklin v. YatesSupreme Court of Oklahoma · 1905
- Erusha v. TomashSupreme Court of Iowa · 1896
- Bryant v. StainbrookSupreme Court of Kansas · 1888
- Auchampaugh v. SchmidtSupreme Court of Iowa · 1889