Wolf v. Madden
Supreme Court of Iowa
Appeal from Van Burén District Court. — Hoy. Charles L>. Legg-ett, Judge. This is a proceeding in probate by wMcb tlie plaintiff seeks to establish a claim against the estate of Thomas Madden, deceased. The claim was in the form of a promissory note. The note was signed by one Alcorn, as principal, and by said Thomas Madden and one D. W. Fergnson, as sureties.
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Appeal from Van Burén District Court. — Hoy. Charles L>. Legg-ett, Judge. This is a proceeding in probate by wMcb tlie plaintiff seeks to establish a claim against the estate of Thomas Madden, deceased. The claim was in the form of a promissory note. The note was signed by one Alcorn, as principal, and by said Thomas Madden and one D. W. Fergnson, as sureties. The defense to the note was that said Madden and Fergnson had been expressly released from any obligation on the note by. -the plaintiff. There was a trial to the court without a jury, and a judgment against the plaintiff for costs, and…
1Opinion of the CourtRothrock, J.
I. Counsel for appellant present the case upon the theory that, if there was any release ' release: ' by the plaintiff, it applied to. Ferguson only, and not to Madden. There is a direct conflict in the evidence as to the release. Ferguson was a witness on the trial, and testified that he and Madden had a conversation about their liability on the note, and were anxious about it; and that he, (Ferguson) went to see Wolf about it for both of the *116sureties; that he called upon Wolf, and had a conversation with him, in which Wolf stated that he would never look to him (Ferguson) nor to Madden for…
2Cases cited2 opinions
- Rowley v. JewettSupreme Court of Iowa · 1881
- Thornburgh v. MadrenSupreme Court of Iowa · 1871
3Cited by7 opinions
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- State v. MitchellSupreme Court of Iowa · 1908
- Fields v. KillionSupreme Court of Alabama · 1900
- Security Savings Bank v. SmithSupreme Court of Iowa · 1909
- Antonelli Construction Co. v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1968
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