Altman v. Anton
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. Geokge W. Wakefield, Judge. Plaintiff brings this action to recover judgment upon a promissory note executed to him by the defendants, John Anton, Peter Anton, and Nic Anton. The defendants Peter Anton and Nic Anton answered. They admit that they signed said note, and aver that they did so as sureties for John Anton.
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Appeal from Woodbury District Court. — Hon. Geokge W. Wakefield, Judge. Plaintiff brings this action to recover judgment upon a promissory note executed to him by the defendants, John Anton, Peter Anton, and Nic Anton. The defendants Peter Anton and Nic Anton answered. They admit that they signed said note, and aver that they did so as sureties for John Anton. They alleged that said note was given in payment of a pre-existing indebtedness, and that there was no consideration to either of them; “that each of said defendants were induced to sigh said note upon the express promise and statement,…
1Opinion of the CourtGtven, J.
*6141 2 *613On the trial, Peter Anton testified as follows: “He (plaintiff) said that my father and mother are going to sign the note, and he would like to have me and my brother Nic to sign too, for it will be only an accommodation for him. Then he could sign the note over to the bank at Dubuque, or some place else, if he had good security on it. And he said he never would come upon us for any payment. * * * ‘You do not have to pay. I will never ask you or your brother Nic to pay anything for it.’ ” Nick Anton testified: “He (plaintiff) asked me and him (Peter) how we would like to sign a note for…
2Cited by6 opinions
- Matter of Estate of TollefsrudSupreme Court of Iowa · 1979
- City Deposit Bank v. GreenSupreme Court of Iowa · 1908
- Bailey v. Lankford, Bank Com'rSupreme Court of Oklahoma · 1916
- Chapman v. ChapmanSupreme Court of Iowa · 1906
- Dillingham v. ScottHawaii Supreme Court · 1909
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