Legal Opinion

Morrison v. Stoner

Supreme Court of Iowa

Decided April 4, 1859PublishedCited by 6 opinions

Appeal from, the Johnson District Court. Morrison sued Eossnberger and Stoner upon a joint note. The defendants by their answer admitted the making of the note, but pleaded payment.

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Appeal from, the Johnson District Court. Morrison sued Eossnberger and Stoner upon a joint note. The defendants by their answer admitted the making of the note, but pleaded payment. A rule of .court in the district embracing this county, provides that in an action on a written evidence of indebtedness, when a defense is interposed, the plaintiff, or his attorney, may file an affidavit that such defense, as he believes, is not made in good faith, but for the purpose of delay; and if the defendant or his attorney, within one day after notice, does not file a counter-affidavit, such action may…

1Opinion of the CourtWoodward, J.

The plaintiff contends that, he is entitled to judgment against the delincpient defendant, by virtue of the rule. The defendant, on the other hand, insists that the law relating to joint defendants -on a joint contract, -is with him, and that the rule of court cannot prevail.

By the common law, when the makers of a .joint contract were sued, the plaintiff must obtain judgment against all, or against none. The spirit of this rule still pervades the law to a greater or less extent. Thus, if one defendant pleads a defense which goes to the substance of the contract, it must of course, inure to…

2Cases cited1 opinion

  1. Hall v. RochesterNew York Supreme Court · 1824

3Cited by6 opinions

  1. City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
  2. Tate v. GoodeSupreme Court of Georgia · 1911
  3. Campbell v. McHargSupreme Court of Iowa · 1859
  4. Jackson County v. BloomerOregon Supreme Court · 1895
  5. In re the Estate of ForsythNevada Supreme Court · 1922

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