Thornburgh v. Madren
Supreme Court of Iowa
Appeal from Dallas Circuit Court. Action on a promissory note for $800, dated February 4, 1865, payable twelve months after by the defendants to the order of plaintiff. The defendant Madren admits the execution of the note, and pleads that, on the 28th day of May, 1868, he was adjudged a bankrupt, and that on that day he was duly discharged from the payment of the note. A copy of such discharge by the United States district court of Iowa is annexed to his answer.
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Appeal from Dallas Circuit Court. Action on a promissory note for $800, dated February 4, 1865, payable twelve months after by the defendants to the order of plaintiff. The defendant Madren admits the execution of the note, and pleads that, on the 28th day of May, 1868, he was adjudged a bankrupt, and that on that day he was duly discharged from the payment of the note. A copy of such discharge by the United States district court of Iowa is annexed to his answer. Lindley answers, admitting the execution of the note; alleges that he was surety only thereon; that plaintiff knew this fact; that…
1Opinion of the CourtMiller, J.
1.bankmjpict: effect of discharge. — I. It is insisted that the court below erred in admitting in evidence the discharge of Madren in bankruptcy, under the hand and seal of the iudge J & oí the United otates district court for Iowa, and duly certified by the clerk of that court under the seal of the same, for the alleged reason that the plaintiff never *383was notified of the proceedings in bankruptcy. Whether the objection made would be good if it had been shown that plaintiff had not been notified of the proceedings in bankruptcy we need not determine. The discharge being duly and properly…
2Cases cited2 opinions
- Chambers v. CochranSupreme Court of Iowa · 1864
- Hill v. ShermanSupreme Court of Iowa · 1863
3Cited by9 opinions
- Moses v. United StatesSupreme Court of the United States · 1897
- Rowley v. JewettSupreme Court of Iowa · 1881
- Hier v. HarpsterSupreme Court of Kansas · 1907
- Wolf v. MaddenSupreme Court of Iowa · 1891
- Taylor v. LohmanIndiana Supreme Court · 1881
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