Kephart v. Butcher
Supreme Court of Iowa
Appeal from Monroe District Court. AS TO RIGHT OE CREDITOR TO SITE OTON THE ORIGINAL consideration. — The petition alleges that in 1854, tbe plaintiff loaned six hundred dollars to S. H. Butcher, Lawson Bradley and M. Garitón, and received their notes therefor, payable to him.
Read the full summary
Appeal from Monroe District Court. AS TO RIGHT OE CREDITOR TO SITE OTON THE ORIGINAL consideration. — The petition alleges that in 1854, tbe plaintiff loaned six hundred dollars to S. H. Butcher, Lawson Bradley and M. Garitón, and received their notes therefor, payable to him. That in 1858, the defendants, Butcher and Bedding, through Butcher, made an arrangement with the plaintiff for the note above mentioned, which arrangement was this: defendants delivered to plaintiffs a note on one A. D. Woodruff, for $500, due September 1st, 1859, which note was payable to the order of the defendants,…
1Opinion of the CourtDilloN, J.
There is no claim made in the petition against the defendants, based upon their parol guaranty of the Woodruff note. The finding of the court, therefore, “that the defendants, at the time of the exchange of notes, agreed orally to guaranty the payment of the said Woodruff note,” cannot be made the basis of a distinct liability, on the part of the defendants, even if it be conceded that it might have been the foundation of a legal liability, had *244it been properly alleged. And it is evident that tbe court did not found its judgment' upon this finding of fact, because judgment was rendered…
2Cases cited14 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Woodcock v. BennetNew York Supreme Court · 1823
- Johnson v. WeedNew York Supreme Court · 1812
- Muldon v. WhitlockNew York Supreme Court · 1823
- Whitbeck v. Van NessNew York Supreme Court · 1814
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Griffin v. ErskineSupreme Court of Iowa · 1906
- Watson v. ChesireSupreme Court of Iowa · 1865
- Amick v. Empire Trust Co.Supreme Court of Missouri · 1927
- First Nat. Bank v. NewtonSupreme Court of Colorado · 1887
- Hunt & Co. v. HigmanSupreme Court of Iowa · 1886
6 more not listed; retrieve them via the Exa API.