Lambert v. Shitler
Supreme Court of Iowa
Appeal from Johnson District Court. The plaintiff, as sole heir of John Lambert, deceased, brings tbis action to recover tbe balance of a note for $850, due June 16, 1876, executed to John Lambert by Cbristain Shitler and Joseph Shitler.
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Appeal from Johnson District Court. The plaintiff, as sole heir of John Lambert, deceased, brings tbis action to recover tbe balance of a note for $850, due June 16, 1876, executed to John Lambert by Cbristain Shitler and Joseph Shitler. Tbe defendant, Joseph Sliitler, for answer alleges that be was merely a surety upon tbe note, and that in the month of May, 1877, after tbe note became due, John Lambert, for a valuable consideration, extended tbe time on said note to Christain Shitler, tbe principal thereon. Tbe answer further alleges that -on tbe 20th day of March, 1877, Cbristain Shitler,…
1Opinion of the Court
Day, Ch. J.
The material facts of this case are as follows: Joseph Shitler was a mere surety upon the note in question, and that fact was known to the payee, John Lambert. On the 20th of March, 1877, Joseph Shitler procured his attorney, S. M. Finch, Esq., to commence in the name of John Lambert an action against Obristain Shitler on said note, and on the same day caused an attachment to be levied upon two hundred and ninety acres of land, worth from $40 to $45 per acre, forty acres of which was the homestead of Obristain Shitler. There was a mortgage upon this jnoperty for about $4,500, and…
2Cases cited3 opinions
- Ducker v. . RappNew York Court of Appeals · 1876
- Bonney v. BonneySupreme Court of Iowa · 1870
- Hershler v. ReynoldsSupreme Court of Iowa · 1867
3Cited by4 opinions
- Lambert v. ShetlerSupreme Court of Iowa · 1887
- Alexander v. Capitol Lumber Co.Indiana Supreme Court · 1914
- People's State Bank v. FrancisNorth Dakota Supreme Court · 1899
- Windhorst v. BergendahlSouth Dakota Supreme Court · 1907