Briggs v. Downing & Matthews
Supreme Court of Iowa
Appeal from Washington Circuit Court. The plaintiff claims of the defendants the sum of two hundred and sixty-one dollars and sixty-six cents, alleged to be 'due on two promissory notes executed by the defendants. The defendant J. R. Phillips filed her separate answer, as follows: “Admits that on or about the time alleged by plaintiff defendants made to plaintiff the notes in suit; admits every other material allegation.
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Appeal from Washington Circuit Court. The plaintiff claims of the defendants the sum of two hundred and sixty-one dollars and sixty-six cents, alleged to be 'due on two promissory notes executed by the defendants. The defendant J. R. Phillips filed her separate answer, as follows: “Admits that on or about the time alleged by plaintiff defendants made to plaintiff the notes in suit; admits every other material allegation. But to have and maintain said action, plaintiff ought not, for that this defendant signed ■said notes at the request of plaintiff, and without any consideration whatever for…
1Opinion of the CourtDay, J.
1 SURETY: note. This case differs from Dickerman v. Miner, 43 Iowa, 508, and Hamilton v. Hooper, 46 Iowa, 515, in that the -amendment to the answer in this case alleges the defendant Phillips signed the notes at jnstance and request of the other makers, Downing & Matthews. In the cases above referred to, the sureties signed the notes without the consent or knowledge of the principal, and it was held that the effect of such signing was to discharge the principal and bind the surety as the maker of a new note. The answer in this ease alleges that the defendant Phillips signed the notes after…
2Cases cited3 opinions
- Dickerman v. MinerSupreme Court of Iowa · 1876
- Hamilton v. HooperSupreme Court of Iowa · 1877
- Harwood v. JohnsonIllinois Supreme Court · 1858
3Cited by6 opinions
- Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913
- Merchants State Bank v. RolineSupreme Court of Iowa · 1925
- Northern Trust & Savings Bank v. EllwoodSupreme Court of Iowa · 1925
- Persia Savings Bank v. WilsonSupreme Court of Iowa · 1932
- Young v. JacksonSupreme Court of Iowa · 1934
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