German Savings Bank v. Bates Addition Improvement Co.
Supreme Court of Iowa
Appeal from Pollc District Court-. — Hon. O. P. Holmes, J udge. The receiver of the plaintiff bank asks judgment on a promissory note for three hundred and fifty-one dollars and forty-five cents, dated September 26, 1893, due ninety days after date, executed by the defendant company to the plaintiff bank, and indorsed by defendant Field and five others, guaranteeing payment at maturity.
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Appeal from Pollc District Court-. — Hon. O. P. Holmes, J udge. The receiver of the plaintiff bank asks judgment on a promissory note for three hundred and fifty-one dollars and forty-five cents, dated September 26, 1893, due ninety days after date, executed by the defendant company to the plaintiff bank, and indorsed by defendant Field and five others, guaranteeing payment at maturity. The defendant Field answered admitting the execution and guaranteeing of said note, denying that the same is a valid claim against him, and alleging that the same has been fully paid by the taking of other…
1Opinion of the CourtGiven., J.
I. The note in suit was executed by “Bates Addition Improvement Company, by Frederick Field, Pres., by B. F. Holcomb, Sec.,” -and guarantied by Frederick Field and five others by an indorsement thereon. At the maturity of this note, to-wit, December -30, 1893, the defendant company, in consideration of that indebtedness, executed to plaintiff its promissory note for three hundred and fifty-one dollars and forty-five cents, due at a future date, and the defendant company paid the interest thereon in advance' to maturity. Thereafter new notes of the defendant company-were taken on account of…
2Cases cited3 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- Dyer v. Des Moines InsuranceSupreme Court of Iowa · 1897
- Calder v. CrowleyWisconsin Supreme Court · 1889
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- Virginia-Tennessee Hardware Co. v. HodgesTennessee Supreme Court · 1912
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