Culbertson v. Salinger & Brigham
Supreme Court of Iowa
Appeal from Carroll District Court.— Hon. J. B. Whitaker, Judge. Action upon four promissory notes' executed by Salinger & Brigbam to plaintiff, which it is claimed H. C. Mc-Allister agreed to pay or to become surety upon. Salinger & Brigham made no defense; but McAllister while alive, and his representative after his death, among other things denied any promise on his part to pay the notes or to become surety thereon.
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Appeal from Carroll District Court.— Hon. J. B. Whitaker, Judge. Action upon four promissory notes' executed by Salinger & Brigbam to plaintiff, which it is claimed H. C. Mc-Allister agreed to pay or to become surety upon. Salinger & Brigham made no defense; but McAllister while alive, and his representative after his death, among other things denied any promise on his part to pay the notes or to become surety thereon. Salinger appeared and filed a cross-petition in equity against his codefendant, McAllister, alleging that as a part of the transaction growing out of the agreement sued upon in…
1Opinion of the Court
Deemer, J.—
Twice before has this cage been in this court. See 111 Iowa, 447, and 122 Iowa, 12. These opinions disclose in a general way the nature of the controversy and something • of the respective claims of the parties. On this appeal but "one question, with its related issues, need be considered, and that was mooted on the former appeals. For its settlement it is necessary to refer at some length to the pleadings, and to the record now before us. January 12, 1905, plaintiff and defendant Salinger entered into a stipulation whereby plaintiff was to take judgment against Salinger…
2Cases cited35 opinions
- Eaton v. HastyNebraska Supreme Court · 1877
- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Barke v. EarlySupreme Court of Iowa · 1887
- Fenton v. MillerMichigan Supreme Court · 1892
- Burton v. BaldwinSupreme Court of Iowa · 1883
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3Cited by5 opinions
- Eller v. NewellSupreme Court of Iowa · 1913
- Corbin v. McAllisterSupreme Court of Iowa · 1909
- James v. FairallSupreme Court of Iowa · 1914
- Nugent v. DittelSupreme Court of Iowa · 1931
- Nothem v. LonderganSupreme Court of Iowa · 1912