Wadsworth & Co. v. Smith
Supreme Court of Iowa
Appeal from, Scott District Court. Action upon a promissory note made by defendant Smith. Becovery is sought against the other defendant Bairley, upon. a written guaranty for the payment of the note. Bairley by .his answer set up an equitable defense and claimed equitable relief. A demurrer to his answer was sustained, and standing on his pleading a judgment was rendered against him for the,, amount of the note with interest. He alone appeals.
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Appeal from, Scott District Court. Action upon a promissory note made by defendant Smith. Becovery is sought against the other defendant Bairley, upon. a written guaranty for the payment of the note. Bairley by .his answer set up an equitable defense and claimed equitable relief. A demurrer to his answer was sustained, and standing on his pleading a judgment was rendered against him for the,, amount of the note with interest. He alone appeals. The other facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
The guaranty upon which judgment was rendered against defendant Bairley is in these words:
“For value received, I do hereby guarantee the full payment of a note now held by W. C. Wadsworth & Co. against Aaron Smith, bearing date June 26th, 1873, and due in one day after date, originally for six hundred and twenty-seven and 48-100 dollars with ten per cent, interest from date, on which there is a payment of seventy ($70.00) dollars. Out of the assets placed in my hands as assignee of said Aaron Smith.
Henry Bairley.
Dated DeWitt, July 23, 1873.”
The defendant filed an equitable answer and…
2Cited by4 opinions
- Swanson v. AllenSupreme Court of Iowa · 1899
- Nowlin v. PyneSupreme Court of Iowa · 1877
- Chicago Title & Trust Co. v. SmythSupreme Court of Iowa · 1895
- Shickle, Harrison & Howard Iron Co. v. Council Bluffs City Water-Works Co.Supreme Court of Iowa · 1891