Gribben v. Clement
Supreme Court of Iowa
Appeal from Dallas District Court.- — -ITon. Edmund Nichols, Judge. This is an action to foreclose a mortgage purporting to have been given to secure a note for $500. Tbe consideration for the note and mortgage was that the plaintiff became surety for the defendant IT. O. Clement for a like amount. There was a decree for the plaintiff against, both defendants, except that no personal judgment was entered against defendant M. A. Clement. The defendants appeal.
1Opinion of the Court
Evans, C. J. —
The note and mortgage sued on bear date of July 9, 1891. They purport to have been executed by both defendants, who are husband and wife. The note was drawn in ordinary form, and by its terms became payable in ninety days from its date. The real consideration, however, for the note and mortgage was that the plaintiff became surety for the defendant H. O. Clement. At the time of this transaction Clement was engaged in the business of buying and shipping stock. He maintained an open account at the Bank of hlinburn, cheeking thereon for the payment of stock purchased, and…
2Cases cited12 opinions
- Bloom v. State InsuranceSupreme Court of Iowa · 1895
- Morris v. SargentSupreme Court of Iowa · 1864
- Port v. RobbinsSupreme Court of Iowa · 1872
- Zalesky v. Home InsuranceSupreme Court of Iowa · 1897
- Chase v. AbbottSupreme Court of Iowa · 1866
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3Cited by31 opinions
- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- Stephenson v. StephensonSupreme Court of Iowa · 1956
- Cockerell v. GriffithCourt of Appeals of Texas · 1923
- American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court · 1911
- Lynch v. SchemmelSupreme Court of Iowa · 1916
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