Burlington Gas Light Co. v. Geeen, Thomas & Co.
Supreme Court of Iowa
Appeal from Des Homes District Court. This action is brought on a note made by Green, Thomas & Co. as principals, and the defendants, Tallant and Kendall, as sureties, dated September 12, 1857, due in sixty days, for one thousand dollars.
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Appeal from Des Homes District Court. This action is brought on a note made by Green, Thomas & Co. as principals, and the defendants, Tallant and Kendall, as sureties, dated September 12, 1857, due in sixty days, for one thousand dollars. The principals set up payment on the 31st of March, 1858, by the transfer to plaintiffs of a note on Stuart & Gaddis, of date May 7, 1857, due twenty-one months after date, for $2,313.75. The sureties answered that plaintiff extended the time of payment to the principals without their knowledge or consent, whereby they were released. Upon these issues, there…
1Opinion of the CourtWright, J.
i pkaooi-cexJpé tlons' We do not feel justified in disturbing the order granting a new trial. In the first place, within the rule stated in The State of Iowa v. Lyon (10 Iowa, 340), there is nothing to show that we have before us all the testimony adduced on the trial below. A statement that the bill of exceptions contains the substance of it, is not sufficient. And see State of Iowa v. Hockenberry and Brandt, 11 Iowa, 269.
*337_ajs crepancies. In the next place, the testimony is not in the body of the bill of exceptions, and there are discrepancies in the paging, or references made. Such being…
2Cases cited4 opinions
- State v. LyonSupreme Court of Iowa · 1860
- State v. HockenberrySupreme Court of Iowa · 1860
- Whitney v. BluntSupreme Court of Iowa · 1863
- Phelps v. HartSupreme Court of Iowa · 1863
3Cited by8 opinions
- Schaeffer v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1901
- Phillpotts v. BlasdelNevada Supreme Court · 1872
- Jones v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Burlington Gas Light Co. v. Greene, Thomas & Co.Supreme Court of Iowa · 1869
- Halpin v. NelsonSupreme Court of Iowa · 1888
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