Peed v. McKee
Supreme Court of Iowa
Appeal from, Jasper District Court. Action to foreclose a mortgage executed by John and Jane McKee to secure certain promissory notes made by E. A. McKee. The petition, in addition to the foreclosure of the mortgage, asks judgment against the maker of the notes. A decree was entered dismissing the petition as to John and Jane McKee, and granting the relief asked against the other deffendant. Plaintiff appeals.
1Opinion of the CourtBeck, J.
The answer of the mortgagors, John and Jane McKee, shows that they were sureties upon the notes secured by the mortgage, and the only consideration thereof was the compounding of a felony of which their co-defendant and son, E. A. McKee, had been guilty in embezzling a large sum of money; that plaintiff had full knowledge of the crime, and for the protection of Stewart Goodreli, late United States Pension Agent, for whom plaintiff was acting as clerk, against loss on account of such embezzlement, the notes were executed under an agreement to compound and settle the crime, and in consideration…
2Cited by13 opinions
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- Friend v. MillerSupreme Court of Kansas · 1893
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