Legal Opinion

Chamberlin v. Ingalls

Supreme Court of Iowa

Decided June 3, 1874PublishedCited by 5 opinions

Appeal from, Cerro Gordo Circmt Cowrt, : The plaintiff, in his petition, avers that on April 10, 1871, one Pierce was the owner of an equitable interest in a certain one story building, together with' a leasehold interest in the lot whereon it was situated, in Mason City; that prior to that date ‘■a judgment was recovered against Pierce and his partner for $62.40, and it was made a lien on the building and' the leasehold; that plaintiff signed a stay bond for Pierce and…

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Appeal from, Cerro Gordo Circmt Cowrt, : The plaintiff, in his petition, avers that on April 10, 1871, one Pierce was the owner of an equitable interest in a certain one story building, together with' a leasehold interest in the lot whereon it was situated, in Mason City; that prior to that date ‘■a judgment was recovered against Pierce and his partner for $62.40, and it was made a lien on the building and' the leasehold; that plaintiff signed a stay bond for Pierce and thereby became surety for the payment of said judgment; that on the ■date aforesaid Pierce sold and transferred his interest…

1Opinion of the CourtCole, J.

— The first ground of demurrer has no existance in fact. There is nothing in the petition tending to show that it seeks to vary or contradict the terms of a written instrument by parol testimony.

*301statute or isei to pay the other. The second ground of demurrer is not well taken in law, because the promise of the defendant, as is alleged in the peti-, tion, was' a promise to pay for himself a part of the consideration tor the property purchased, to a particular person, or m a particular way. ihe fact that by thus paying his own debt, contracted in the purchase of the property, he incidentally…

2Cases cited1 opinion

  1. Barker v. BucklinNew York Supreme Court · 1846

3Cited by5 opinions

  1. Harlan v. HarlanSupreme Court of Iowa · 1897
  2. Carraher v. AllenSupreme Court of Iowa · 1900
  3. Pratt v. Fishwild & WilliamsSupreme Court of Iowa · 1903
  4. Lester v. BowmanSupreme Court of Iowa · 1874
  5. Helt v. SmithSupreme Court of Iowa · 1888

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