1 N.W. 637 (Iowa 1879), Hopkins v. Gray

Citation:1 N.W. 637, 51 Iowa 340
Opinion Judge:DAY, J.
Party Name:HOPKINS v. GRAY ET AL
Attorney:J. S. Darling, for appellants. A. R. Cotton, for appellee.
Case Date:June 09, 1879
Court:Supreme Court of Iowa

Page 637

1 N.W. 637 (Iowa 1879)

51 Iowa 340

HOPKINS

v.

GRAY ET AL

Supreme Court of Iowa, Des Moines

June 9, 1879

Appeal from Clinton Circuit Court.

ON the 5th day of October, 1875, Hugh Taylor executed to the defendant Daniel Gray two promissory notes, each for the sum of four hundred dollars, one due on the 1st day of October, 1876, and the other due on the 1st day of January, 1877. The defendant Gray transferred these notes by indorsement to plaintiff, waiving demand, notice and protest, and to secure the payment of the notes executed a mortgage to plaintiff upon certain real estate. The plaintiff prays judgment for the amount of the two notes, and for a foreclosure of the mortgage. For defense the defendant Gray alleges that for a valuable consideration the plaintiff extended to Hugh Taylor the time of payment of the note which became due on the 1st day of October, 1876, to the 1st day of January, 1877; that in January, 1877, Hugh Taylor tendered to plaintiff the sum of two hundred and seventy dollars, in part payment of both notes, which plaintiff refused to accept, and that afterward Taylor offered to pay plaintiff the interest on both notes, amounting to about eighty dollars, which plaintiff refused to accept. The cause was tried to the court, and judgment was rendered for the plaintiff on the note which became due January 1, 1877. From this judgment the defendants appeal.

AFFIRMED.

J. S. Darling, for appellants.

A. R. Cotton, for appellee.

OPINION

Page 638

[51 Iowa 341] DAY, J.

The evidence shows that for a valuable consideration the plaintiff granted Taylor an extension of time upon the note maturing October 1, 1876, to January 1, 1877. The evidence also shows that Taylor, in January, 1877, offered to pay plaintiff two hundred and seventy dollars on the note last due, on condition that plaintiff would take the defendant Gray for the balance, one hundred and thirty dollars, which...

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