Roberts v. Richardson
Supreme Court of Iowa
Appeal from Wapello District Court. This action is at law on a promissory note as follows: “$200. Eddyyille, July 3d, 1868. “ On tbe 20th day of August, after date, we promise to pay to the order of L. Eoberts, Two Hundred Dollars — interest at . the rate of ten per cent., value received. Payable at..... O. S. Huitt, Principal, J. M. Eichardson.” The cause was tried to a jury who rendered a verdict for plaintiff, on which the court gave judgment. Defendant appeals.
1Opinion of the Court
Miller, Oh. J.
The defendant, Eichardson, in his answer, admits the making of the note sued on, and alleges as a defense thereto that he was surety only on' the note, having received no part of the consideration, of which plaintiff had knowledge; that on or about the time the note became due, *291the plaintiff, by a contract with Huitt, the principal, extended the time of payment without the knowledge of Richardson; that at the time of the said extension of time, Huitt was .solvent, but was insolvent at the commencement of this suit; that the defendant, Richardson, forbore giving notice to Roberts…
2Cases cited1 opinion
- Hershler v. ReynoldsSupreme Court of Iowa · 1867
3Cited by6 opinions
- Malanaphy v. Fuller & Johnson Mfg. Co.Supreme Court of Iowa · 1904
- State v. KyneSupreme Court of Iowa · 1892
- Davis v. StoutIndiana Supreme Court · 1890
- Beard v. GuildSupreme Court of Iowa · 1899
- Sawyer v. CampbellSupreme Court of Iowa · 1899
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