Corielle v. Allen
Supreme Court of Iowa
Appeal from Dubuque District Court. Action on a promissory note, of which the following is a copy: “ $1,000. “ Dubuque, Iowa, Dec. 7, 1855. “ Six months after date, we or either of us promise to pay to Charlotte Corielle, or order, one thousand dollars, with interest at the rate of • ten per cent, per annum, for value received. “Jerome Allen. “Lincoln Clark.”
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Appeal from Dubuque District Court. Action on a promissory note, of which the following is a copy: “ $1,000. “ Dubuque, Iowa, Dec. 7, 1855. “ Six months after date, we or either of us promise to pay to Charlotte Corielle, or order, one thousand dollars, with interest at the rate of • ten per cent, per annum, for value received. “Jerome Allen. “Lincoln Clark.” The remaining facts necessary to an understanding of the questions presented by the record, are stated in the opinion of the court. relied upon Kelley v. Gillaspie, 12 Iowa, 57; 9 Ala., 952; 9 Wheat., 680; 8 Binn., 520; 3 Wash. C. C. R.,…
1Opinion of the CourtLowe, J.
On the 7th day of December, 1855, the defendants executed to the order of the plaintiff a promissory note of $1,000. Judgment by default was rendered against the defendant, Allen. Clark’s defense was that he was only surety in the note, of which fact the plaintiff was cognizant; that at the maturity of the note the defendant, Allen, for a valid consideration, without the knowledge or consent of Clark, made an agreement with the plaintiff to extend the time of- the payment of said note six months, which he claims had the effect to relieve him from all liability on said .note, as surety.. That…
2Cited by7 opinions
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