Greenough, Cook & Co. v. Shelden
Supreme Court of Iowa
Appeal from Lee District Court. This was an action on a promissory note executed by A. C. Shelden and Theodore Shelden, to Greenough, Cook & Co., the plaintiffs.
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Appeal from Lee District Court. This was an action on a promissory note executed by A. C. Shelden and Theodore Shelden, to Greenough, Cook & Co., the plaintiffs. The defendant A. C. Shelden, made default, and Theodore Sheldon answered, alleging that when the note was executed, it was agreed that it should be delivered up and canceled upon the execution of another note by the said A. C. Shelden, and other parties; that a memorandum in writing of said agreement was. made and appended to said note; that before the maturity of the note sued on, the note described in said memorandum was executed…
1Opinion of the CourtStockton, J.
There was no error in the refusal of the court tó render final judgment in favor of plaintiff against the defendant, A. C. Shelden, on motion of the latter. As he did not desire to make any defence to the action, the court properly gave him leave to withdraw his answer. This left the action undefended as to A. C. Shelden; and the judgment of the court in such case is, that the plaintiff as to the said defendant, is entitled to recover his damages. This is an interlocutory and not -a final judgment, and the practice is, where there are two defendants to an action on contract, one of whom makes…
2Cases cited1 opinion
- Danforth, Davis & Co. v. CarterSupreme Court of Iowa · 1856
3Cited by5 opinions
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- Smith v. HughesSupreme Court of Oklahoma · 1929
- Horseman v. TodhunterSupreme Court of Iowa · 1861
- Gafford v. American Mortgage & Investment Co.Supreme Court of Iowa · 1889
- American Express Co. v. Des Moines National BankSupreme Court of Iowa · 1915