Gilbert v. Adams
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. Action at law upon a promise of defendant to pay a debt of one W. D. Gilbert (plaintiff’s testator) and one Brenizer to the German-American Savings Bank which debt the plaintiff paid before the commencement of this suit. The defense is a general denial, and want and failure of consideration for the alleged agreement.
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Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. Action at law upon a promise of defendant to pay a debt of one W. D. Gilbert (plaintiff’s testator) and one Brenizer to the German-American Savings Bank which debt the plaintiff paid before the commencement of this suit. The defense is a general denial, and want and failure of consideration for the alleged agreement. Defendant also pleaded that the consideration for his agreement was a promise on the part of Brenizer to deliver to him fifty shares of stock in the Butman Furnace Company; that Brenizer failed to comply with…
1Opinion of the CourtDeemer, J.
*5221 *521On the sixteenth day of April, 1892, Ezra A. Brenizer and W. D. Gilbert executed to the German-American Savings bank their note for two thousand dollars, bearing eight per cent, interest, due *522six months after date. It is claimed by plaintiff that Brenizer was the principal on the note, and Gilbert was a surety, only; and that Brenizer, in order to induce Gilbert to consent to an extension of the time of payment, and to induce him to remain as surety thereon, assigned to him the following contract.
“Memorandum of agreement, made and entered into this thirteenth day of December, 1898, by and…
2Cases cited2 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- Green v. HallNebraska Supreme Court · 1895
3Cited by5 opinions
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- Halligan v. KellerSupreme Court of Iowa · 1914
- United States Fidelity & Guaranty Co. v. Davenport Bank & Trust Co.Supreme Court of Iowa · 1936
- Hanes v. SeeSupreme Court of Iowa · 1916
- Knoll v. Marshall CountySupreme Court of Iowa · 1901