Fuller v. Lendrum
Supreme Court of Iowa
Appeal from Polls Pistriot Court. In September, 1860, Edwin Hall recovered a judgment against J onathan Lyon and Franklin Fuller upon a promissory note executed by Lyon to Fuller and by him indorsed to Hall. An execution was issued upon the judgment in December, 1860, and was returned, April 2, 1862, “no property found,” wholly unsatisfied. Edwin Hall died in September, 1864, and, shortly thereafter, Synthia J. Hall, his widow, was appointed administratrix of' his estate.
Read the full summary
Appeal from Polls Pistriot Court. In September, 1860, Edwin Hall recovered a judgment against J onathan Lyon and Franklin Fuller upon a promissory note executed by Lyon to Fuller and by him indorsed to Hall. An execution was issued upon the judgment in December, 1860, and was returned, April 2, 1862, “no property found,” wholly unsatisfied. Edwin Hall died in September, 1864, and, shortly thereafter, Synthia J. Hall, his widow, was appointed administratrix of' his estate. The estate was quite large and the settlement was proceeded with in the usual manner. Claims were collected and debts…
1Opinion of the CourtEothrook, J.
1. JUDGMENT:satisfaction of: evidence considered. "We think the main, and indeed, the decisive question in the case is, was the plaintiff fully discharged fr°m aL liability upon the judgment by a valid agreement made with Edwin Hall? To sustain claim of plaintiff that he was discharged, he called Jonathan Lyon, his co-defendant in the judgment, as a witness. Lyon testified, in substance, that after judgment was rendered, Hall, Fuller, and himself went to a law office to have the judgment arranged, and that witness understood that if Fuller would pay a certain other debt due Hall from a third…
2Cited by3 opinions
- Giesecke Boot & Shoe Manufacturing Co. v. SeeversSupreme Court of Iowa · 1892
- Hicks v. WilliamsSupreme Court of Iowa · 1901
- Mitchell v. BurgherSupreme Court of Iowa · 1933