Auchampaugh v. Schmidt
Supreme Court of Iowa
Appeal from, Buchanan District Court. — Hon. J. J. Ney, Judge. Action on a promissory note. The defenses pleaded are: (1) That defendant is surety on the note, and that plaintiff’s intestate had neglected to institute suit thereon against the principal maker, and that the action against him is now barred by the statute of limitations of the state of Illinois, where he resides, whereby defendant was discharged ; and ( 2) that after the maturity of the note, and when defendant…
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Appeal from, Buchanan District Court. — Hon. J. J. Ney, Judge. Action on a promissory note. The defenses pleaded are: (1) That defendant is surety on the note, and that plaintiff’s intestate had neglected to institute suit thereon against the principal maker, and that the action against him is now barred by the statute of limitations of the state of Illinois, where he resides, whereby defendant was discharged ; and ( 2) that after the maturity of the note, and when defendant was about to remove to this state, the intestate released defendant from liability, and promised to look alone to the…
1Opinion of the CourtReed, C. J.
i. sukett : disment to look alone: con-. sideration: estoppel. The verdict determines the following facts : Defendant signed the note as surety for Charles Leopold, the other maker, and the fact of his suretyship was known to the payee, plaintiff ’ s intestate, when he accepted it. At that time the parties all resided m Illinois. After the maturity of the note defendant was about to remove to this state, and, at his request, his wife called on the holder of the note, and requested him to release defendant from liability thereon, and he then promised to look alone to Leopold for payment, and…
2Cases cited4 opinions
- Auchampaugh v. SchmidtSupreme Court of Iowa · 1886
- Thornburgh v. MadrenSupreme Court of Iowa · 1871
- Whitaker v. KirbySupreme Court of Georgia · 1875
- Auchampaugh v. SchmidtSupreme Court of Iowa · 1887
3Cited by3 opinions
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- National Bank of Commerce v. GilvinCourt of Appeals of Texas · 1912