Johnson v. Saum
Supreme Court of Iowa
Appeal from Jones District Court.— Hon. J. H. Preston, Judge. Action at law to recover a sum which plaintiff claims he by mistake overpaid to the defendant. There was a verdict and judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtWeaver, J.
The plaintiff alleges that a judgment having been rendered against him in favor of a third party he procured the defendant herein to become surety upon his bond for a stay of execution, and to secure said defendant against liability on the bond gave him his promissory note and a chattel mortgage on certain horses and other personal property. He further alleges that the defendant having been required to pay said judgment took and sold the mortgaged property, and received other property and money from the plaintiff to an amount more than sufficient to pay said indebtedness, and that thereafter…
2Cases cited5 opinions
- Johnson v. MillerSupreme Court of Iowa · 1886
- Johnson v. MillerSupreme Court of Iowa · 1884
- Johnson v. MillerSupreme Court of Iowa · 1891
- Johnson v. MillerSupreme Court of Iowa · 1894
- Johnson v. SaumSupreme Court of Iowa · 1904