Lamb v. Tucker
Supreme Court of Iowa
Appeal from Blade Ha/wle Circuit Court. The facts as agreed in this case are that on February 11, ■ 1875, the plaintiff filed his petition in two counts, the first being upon a promissory note in the usual form.
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Appeal from Blade Ha/wle Circuit Court. The facts as agreed in this case are that on February 11, ■ 1875, the plaintiff filed his petition in two counts, the first being upon a promissory note in the usual form. The second avers, “That on the 24 day of December, 1869, one David L. Lamb made to the plaintiff his promissory note in writing, whereby he promised, three years after date, to pay to the order of Levi Lamb the sum of five hundred dollars, with interest thereon at the rate of ten per cent per annum, until paid, payable annually, which said note is in the words and figures following,…
1Opinion of the Court
Cole, J.-
The promise as averred in the petition is in effect a promise by the defendant to pay his own debt, it being a part consideration for the purchase of the mortgaged premises. The fact that by thus paying his own debt he also discharges the debt of another does not bring his promise within the statute. Johnson v. Knapp, 36 Iowa, 616, and cases cited. But further than this, we have repeatedly held that where the purchaser of mortgaged premises assumes the payment of the mortgage debt, he is liable to the creditor as upon a direct promise to lxim. See Corbitt v. Waterman, 11 Iowa, 87;…
2Cases cited4 opinions
- Johnson v. KnappSupreme Court of Iowa · 1873
- Ross v. KennisonSupreme Court of Iowa · 1874
- Moses v. Clerk of Dallas District CourtSupreme Court of Iowa · 1861
- Scott's Administrators v. GilSupreme Court of Iowa · 1865
3Cited by13 opinions
- French v. FrenchSupreme Court of Iowa · 1892
- Herrin v. AbbeSupreme Court of Florida · 1908
- Moore v. BookerNorth Dakota Supreme Court · 1894
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Ordway v. DowneyWashington Supreme Court · 1898
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