State v. Haskell
Supreme Court of Iowa
Appeal from Chickasaw District Court. School money: power and duties op pund commisMISSIONER : HIS PRAUDULENT ACTS : WHEN BINDING UPON the state and when not, &C. — Suit in equity to foreclose mortgage made by Haskell and wife to a school fund commissioner, dated December 18, 1854, to secure a note for school money loaned to Haskell by the commissioner. Leland and Manderville signed the note as sureties for Haskell. Manderville alone makes defense.
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Appeal from Chickasaw District Court. School money: power and duties op pund commisMISSIONER : HIS PRAUDULENT ACTS : WHEN BINDING UPON the state and when not, &C. — Suit in equity to foreclose mortgage made by Haskell and wife to a school fund commissioner, dated December 18, 1854, to secure a note for school money loaned to Haskell by the commissioner. Leland and Manderville signed the note as sureties for Haskell. Manderville alone makes defense. The substance of his answer is this: That he was surety only: that his signature to the note was obtained by the fraud and misrepresentation of…
1Opinion of the CourtDillon, J.
I. Defendant insists in this court that he established, by the evidence above set forth, two defenses:
1st. That he signed the note subsequent to its execution and delivery, and without any new, or indeed without any consideration.
*2792d. That the execution, of it by him was procured by the false and fraudulent representation of Bird, the school fund commissioner, that he had examined the title of the land mortgaged by Haskell, that itw as all right and ample security for the note.
1. cos™deratto™' action, As to the first it may be doubted whether it is made a substantive defense in the answer. But…
2Cases cited4 opinions
- President, Directors & Co. of Mechanics' Bank v. New-York & New Haven RailroadNew York Court of Appeals · 1856
- Webster County v. TaylorSupreme Court of Iowa · 1865
- Estep v. Keokuk CountySupreme Court of Iowa · 1865
- Lowe v. GrinnanSupreme Court of Iowa · 1865
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