Hall's Adm'x v. McHenry
Supreme Court of Iowa
Appeal from Pollc District Court. Plaintiff declares upon a note for $650, payable “ in specie,” signed by the defendant as surety for one Gill, claiming but half of the principal with the interest thereon.
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Appeal from Pollc District Court. Plaintiff declares upon a note for $650, payable “ in specie,” signed by the defendant as surety for one Gill, claiming but half of the principal with the interest thereon. The answer sets up that defendant, as the surety of Gill, sighed the note; that when he signed the same it was blank as to payee, and did not contain the words “in specie; ” that Gill designed to use the note to effect a loan of money, and expected to obtain the same from Hall, but had authority to fill the blank with the name of any one who would loan him the money; that Hall would not…
1Opinion of the CourtWeight, J.
i pkomis note: ad-party'after eiivery. Appellee, in his argument, does not insist that the adding of the words “ in specie ” had the effect to ^charge him. We may, therefore, dismiss this feature of the case without comment, simply referring to Sanderson v. Symond, 1 Brad. & 134 and Stephens v. Graham, 7 S. & R., as throwing some light on the question involved.
The points relied upon are: First. That the addition of the name of Lyon as a co-surety or co-promisor, without defendant’s consent, this being known to Hall, so changed the instrument as that it was not his (defendant’s) undertaking.…
2Cases cited3 opinions
- Chappell v. SpencerNew York Supreme Court · 1857
- Harper v. State ex rel. Board of CommissionersIndiana Supreme Court · 1844
- Pulliam & Payne v. WithersCourt of Appeals of Kentucky · 1839
3Cited by12 opinions
- Dickerman v. MinerSupreme Court of Iowa · 1876
- Ward v. HackettSupreme Court of Minnesota · 1883
- Harper v. StroudTexas Supreme Court · 1874
- Hamilton v. HooperSupreme Court of Iowa · 1877
- McCramer v. ThompsonSupreme Court of Iowa · 1866
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