Miller v. Root
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. J. M. Casey, Judge. Plaintive sues to recover balance upon two promissory notes, — one dated September 29, 1878, due six months after date, for one thousand dollars; and one dated September 11, 1879, due on or before two years after date, for two thousand dollars.
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Appeal from Des Moines District Court. — Hon. J. M. Casey, Judge. Plaintive sues to recover balance upon two promissory notes, — one dated September 29, 1878, due six months after date, for one thousand dollars; and one dated September 11, 1879, due on or before two years after date, for two thousand dollars. The defendant Root, answering, admits the execution of said note, and alleges as defense that on or about the fifteenth day of September, 1880, he and the plaintiff, through her agent, E. McKitterick, made a verbal contract,' wherein it was agreed that, for a valuable consideration then…
1Opinion of the CourtGiven, C. J.
1. not^arranS So prejudice’: I. There is no controversy in the testimony but that Scarff signed the notes as surety, and that whatever agreement, if any, was made for an extension of time, was without his knowledge or consent. The only issue, therefore, is as to the alleged agreement for an extension of time. Neither of the answers alleges that McKitterick had general authority, as agent of plaintiff, to make such agreements, nor that, having made the alleged agreements, the plaintiff subsequently ratified the same. The defense alleged is that McKitterick made the agreement and received the…
2Cited by7 opinions
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- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Bowman v. Western Fur Manufacturing Co.Supreme Court of Iowa · 1895
- Carbon v. City of OttumwaSupreme Court of Iowa · 1895
- McNider v. FisherSupreme Court of Iowa · 1924
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