Auchampaugh v. Schmidt
Supreme Court of Iowa
Appeal from Buchanan Circuit Court. AotioN upon a promissory note purporting to be executed as a joint note by one Charles Leipold and the defendant. The note was executed in Illinois, where Leipold lived, and still lives.
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Appeal from Buchanan Circuit Court. AotioN upon a promissory note purporting to be executed as a joint note by one Charles Leipold and the defendant. The note was executed in Illinois, where Leipold lived, and still lives. It became due May 23,1871, and this action was commenced January 28, 1885. The defendant pleaded that he signed the note merely as surety; that under the law of Illinois the note became barred as against Leipold by the statute of limitations; and that, being barred as against Lei-pold, the principal, it was barred as against his surety, the defendant. There was a trial to a…
1Opinion of the Court
Adams, J.-
The note was executed to one Schneider, the phiintiff’s'intestate. The fact that the note was signed by the defendant as surety was proven only by the defendant’s wife. An objection was raised to her testimony on the ground that she was an incompetent- witness to prove such fact as against an administrator. The court overruled the objection, and the evidence was admitted, and no question is now raised as to the correctness of that ruling. If we should be of the opinion that she was incompetent, and that there was no proper evidence that the defendant’s relation to the note was that…
2Cited by19 opinions
- Chapman v. HoageSupreme Court of the United States · 1936
- P. J. Willis & Brother v. ChowningTexas Supreme Court · 1897
- Towle v. SweeneyCalifornia Court of Appeal · 1905
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- Fidelity & Casualty Co. v. LacklandSupreme Court of Virginia · 1940
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