141 Iowa 500 | Iowa | 1909
The plaintiff brought this action on August 30, 1905, upon the following promissory note: “2500.00. Lone Tree, Iowa, May 15, 1899. Six years after date, or at the close of any intervening year, at the option of the principals, we or either of us promise to pay to the order of John C. Hunter the sum of two thousand and five hundred dollars for value received, with interest from date, at the rate of six percent, payable annually till paid. Henry E. Porter, Lucy R. Porter. J. N. Richey, Surety. N. 33. Richey, Surety.”
In his petition the plaintiff conceded to the defendants a credit of $1,420.04 as of August 4, 1900, being the proceeds of sale of certain mortgaged property, and the further credit of $322.67, already in judgment under date of March 9, 1905, for delinquent interest. The defendants admitted the execution of the note, and pleaded a prior adjudication as a complete defense. To the answers of the defendants the plaintiff filed a reply. These answers and the reply are based wholly upon the pleadings of record in previous cases, and are quite voluminous. The case was tried in the court below on demurrer. A brief history of
We think the judgment of the lower court was right, and it is therefore affirmed.