Hendryx v. Evans
Supreme Court of Iowa
Appeal from Montgomery District Court.' — HoN. A. ,B. TiiokNkll, Judge. The plaintiff demanded judgment on two promissory notes of $1,000 each, executed February 25, 1896, by William M. Evans and TI. N. Moore, payable in one and two years, and bearing interest at the rate of six per cent, per' annum. Moore only was notified, and in his answers admitted liability but for certain defenses interposed.
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Appeal from Montgomery District Court.' — HoN. A. ,B. TiiokNkll, Judge. The plaintiff demanded judgment on two promissory notes of $1,000 each, executed February 25, 1896, by William M. Evans and TI. N. Moore, payable in one and two years, and bearing interest at the rate of six per cent, per' annum. Moore only was notified, and in his answers admitted liability but for certain defenses interposed. After the evidence had been introduced, verdict was directed for the plaintiff. From judgment entered thereon the defendant appeals.
1Opinion of the CourtLadd, J.
The defendant Moore signed the two notes in suit as surety fo.r his son-in-law, Wm. M. Evans, and admits his liability thereon, unless released by proceedings in the courts of Nebraska against Evans. Plaintiff *312began an action against the latter in the district court of Sarpy county of that state, January 13, 1898, for the amount owing on these notes, aided by a writ of attachment, which was levied upon Evan’s real estate. Evans tiled answer, and, upon trial, judgment was rendered against both, November 18th of the same year, including an order sustaining the levy of the writ of attachment and…
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