Payne v. Raubinek
Supreme Court of Iowa
Appeal from Ringgold, District Court. — Hon. J. W. Harvey, Judge. Actiou upon two promissory notes 'executed by the defendant Raubinek to Milton Lorimer or bearer, which, were transferred and payment guaranteed by Lorimer to the plaintiff, for value, before due.
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Appeal from Ringgold, District Court. — Hon. J. W. Harvey, Judge. Actiou upon two promissory notes 'executed by the defendant Raubinek to Milton Lorimer or bearer, which, were transferred and payment guaranteed by Lorimer to the plaintiff, for value, before due. Raubi-nek answered for himself, admitting the execution of the notes, and alleging that they were obtained from him by fraud ; that they are without consideration ; were executed as part of a gambling contract; that they had been altered in material parts since he executed and delivered them, without his consent; and that the…
1Opinion of the CourtGiven, J.
I. The appellee moves to dismiss this appeal for the reason that the defendant Lorimer is not notice?parties: made a party to it. The appellant and Lorimer are not copartners ; therefore, section 3174 of the Code does not apply. They were adverse parties, and, hence, the appeal is under sections 3178 and 3179. It will be noticed that the defenses were not pleaded in common by defendants, and that none of the defenses set up were available to Lorimer as guarantor, except the charge of alteration. This defense was not common to both of the defendants, for the reason that it might prevail as to…
2Cases cited5 opinions
- Moore v. HeldSupreme Court of Iowa · 1887
- Hunt v. HawleySupreme Court of Iowa · 1886
- Hanks v. BrownSupreme Court of Iowa · 1890
- Day v. Hawkeye InsuranceSupreme Court of Iowa · 1889
- Goodwin v. HilliardSupreme Court of Iowa · 1889
3Cited by6 opinions
- Brundage v. CheneworthSupreme Court of Iowa · 1897
- Sullivan v. SullivanSupreme Court of Iowa · 1908
- Brown v. HoldenSupreme Court of Iowa · 1903
- State Savings Bank v. Guaranty Abstract Co.Supreme Court of Iowa · 1915
- Fisher v. ChaffeeSupreme Court of Iowa · 1895
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