80 Iowa 264 | Iowa | 1890
II. The defendant was a joint maker of the note, and as such was liable for the amount thereof. It is not claimed that he paid more than a part of the debt. We may assume that the plaintiff ’ s son accepted the part in full payment, and that he had authority to do so. It is not pretended there was any consideration paid by defendant for the discharge of the whole debt upon payment of a part. A payment of a part of a debt in discharge of the whole debt, upon a promise of the creditor to receive a part in full satisfaction of the debt, without consideration, will not discharge the debt. Works v. Hershey, 35 Iowa, 340; Rea v. Owens, 37 Iowa, 262; Sullivan v. Finn, 4 G. Greene, 544; Byran v. Brazil, 52 Iowa, 350.
IY. For another reason the erasure of defendant’s name is of no effect. It was made without authority of plaintiff, and is therefore a void act.
It is our opinion that the district court rightly directed a verdict for the plaintiff. The judgment, ■ therefore, is Affirmed.