69 Iowa 408 | Iowa | 1886
As to whether the time was extended by the plaintiff, at Petty’s request, there is some conflict in the evidence. The testimony of the plaintiff is as follows: “ He [Petty] told me that he became pay-master on that note, and that he had come to beg for time. He asked for one year. I told him when'it became due. I agreed to extend payment of the principal one year.” On the other hand, Petty testified that he did not ask any extension of time. But he admits that he toM the plaintiff that he was considerably involved, and that if men crowded him he should suffer considerably from it. He also testified as follows; £‘I suppose he bit at it. He proposed that he could wait.” Without any question then, the conversation was such that the plaintiff understood Petty as applying for an extension, and Petty knew it. This, we think is sufficient to justify us in holding that the extension was at Petty’s request.
We may say, also, that before this extension Petty liad learned that Kern’s name was not on the note. Without conceding, then, that the failure on the part of Mahin to obtain Kern’s name would have constituted a defense, if no extension at Petty’s request had been given, it is clear that
Whether the decree in Mahin’s favor against Petty, based upon evidence of property turned over by Mahin to Petty, should not have been larger, we need not determine, as Mahin does not appeal.
The note cannot, we think, be reformed as against Petty, because we see no evidence that Petty had knowledge of any mistake in it. We think that Petty is liable for the amount of the note as it was drawn, and that in that respect the decree should be modified.
Modified and Affirmed.