Morrison & Co. v. Hogue
Supreme Court of Iowa
Appeal from Aptpanoose Circuit Court. The plaintiffs hold a promissory note executed by one Vandevent as principal, and one Fowler as surety.. The action is brought to collect of the defendant the amount of the note.. The plaintiffs aver in their petition that the defendant agreed with Vandevent to pay it. They aver that the defendant purchased land of Vandevent, and agreed to pay the note as a part of the consideration.
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Appeal from Aptpanoose Circuit Court. The plaintiffs hold a promissory note executed by one Vandevent as principal, and one Fowler as surety.. The action is brought to collect of the defendant the amount of the note.. The plaintiffs aver in their petition that the defendant agreed with Vandevent to pay it. They aver that the defendant purchased land of Vandevent, and agreed to pay the note as a part of the consideration. They also aver that Fowler, the surety, had brought an action in attachment against Vandevent, and that it was agreed between the defendant, plaintiffs,- ■and Vandevent, that…
1Opinion of the CourtAdams, J.
1. statute of frauds: agreement tó pay ' debt of another. Two agreements are averred in the petition, one as made between the defendant and’ Yandevent, to pay the note as part of the consideration of the land, and the other as between the defendant, Yandevent,. and the plaintiff, to pay the note not only as'a part of the consideration of the land, but also in consideration of the release of the attachment. Neither agreement, we think, is within the statute of frauds. In either case the payment was to be made out of the consideration of the land, and in making such payment the defendant would…
2Cited by6 opinions
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Rogers v. Empkie Hardware Co.Nebraska Supreme Court · 1888
- Clinton National Bank v. StudemannSupreme Court of Iowa · 1888
- Clay v. TysonNebraska Supreme Court · 1886
- Peoples State Savings Bank of Baxter v. CrossSupreme Court of Iowa · 1924
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