Kelly v. Gillespie
Supreme Court of Iowa
Appeal from Marshall District Court. ACTION against Males and Gillespie on a joint and several promissory note. Gillespie answered, alleging that he joined in the execution of said note as the surety of Males, which fact was well known to the payee; that the said payee extended the time of payment of said note five months in consideration of a note for the sum of seventy-five dollars and twenty-five cents executed to him by Males; that at the time of the execution of said…
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Appeal from Marshall District Court. ACTION against Males and Gillespie on a joint and several promissory note. Gillespie answered, alleging that he joined in the execution of said note as the surety of Males, which fact was well known to the payee; that the said payee extended the time of payment of said note five months in consideration of a note for the sum of seventy-five dollars and twenty-five cents executed to him by Males; that at the time of the execution of said agreement, and at the maturity of the note, Males was solvent, but that ho had become insolvent, &c. To this answer…
1Opinion of the CourtWright, J.
If two persons sign a promissory note jointly, or jointly and severally, it is competent for one of them to show, in an action at law, brought thereon, that he was surety for the other, and this he may do by evidence aliunde, it being shown that the payee, knew the fact. (Carpenter v. King, 9 Met. 511, and cases there cited ; 2 Am. L. C. 295; Harris v. Brooks, 21 Pick. 195; Bank of Steubenville v. Hoge, et al., 6 Ohio 17).
When the creditor in such a case, for a valuable consideration, suspends his right of action against the principal debtor, and gives further time for the payment of the…
2Cases cited1 opinion
- Bank of Steubenville v. HogeOhio Supreme Court · 1833
3Cited by16 opinions
- Figari v. OlceseCalifornia Supreme Court · 1921
- Chambers v. CochranSupreme Court of Iowa · 1864
- Lacy v. LoftonIndiana Supreme Court · 1866
- Lemmon v. WhitmanIndiana Supreme Court · 1881
- Christner v. BrownSupreme Court of Iowa · 1864
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