Clark v. Raymond
Supreme Court of Iowa
Appeal from Sarrison District Court. — Hon. ^eorge W. Wakefield, Judge. Action upon a promissory note executed December 1, 1883, by the defendant to the plaintiff for three thousand dollars, due two years after-date, with ten per cent, interest.
Read the full summary
Appeal from Sarrison District Court. — Hon. ^eorge W. Wakefield, Judge. Action upon a promissory note executed December 1, 1883, by the defendant to the plaintiff for three thousand dollars, due two years after-date, with ten per cent, interest. The defendant answered, alleging that, on June 6, 1889, said note was fully paid and discharged by his executing-to the plaintiff his two notes, aggregating seventeen thousand dollars, and mortgages securing the same, which were accepted in full satisfaction of all prior indebtedness, including the note in suit. There was a verdict and judgment for…
1Opinion of the CourtGiven, J.
I. The sole contention was as to the agreement under which the notes and mortgages for seventeen thousand dollars were given. The appellant contends that they were given and accepted in full satisfaction of all existing indebtedness. The appellee contends that they were to be applied in satisfaction of particular notes, and in a particular order agreed upon, and which did not include the note in suit. The appellant asked instructions to the effect, that if it was agreed that the notes for seventeen thousand dollars were in satisfaction of all notes then outstanding in f^vor of the plaintiff…
2Cases cited1 opinion
- Manning v. MeredithSupreme Court of Iowa · 1886