67 Iowa 266 | Iowa | 1885
I. The defense to the action set up in the pleadings, which is relied upon.in this court, is that defendant signed the note as a surety of his co-defendant Catherine McMannus, who does not appear in this court, and that subsequently she executed another note to the payee, which was secured by mortgage, under an agreement with the payee that defendant should be discharged from liability upon the note.
It is insisted that the ruling shown by this extract from the abstract is erroneous. It clearly appears that the objection was made and sustained to that part of the answer which states the conclusion that the act of executing the'mortgage released the defendant. That part of the answer was clearly incompetent, and the objection thereto was rightly sustained. It is shown without dispute by other portions of the evidence that the additional $100 was borrowed by Mrs. Mc-Mannus and a mortgage given therefor, and the part of the last answer above set out which we have not given, and other evidence, is to the effect that the mortgage was given under an agreement with the payee that the defendant should be released from the note. The court evidently held by the ruling that the conclusion stated in the answer, that defendant was discharged by the act of giving the mortgage, was alone excluded, and that the agreement referred to, and other matters pertaining to the transaction, were competent.
Y. It is insisted that the evidence fails to support the judgment. But it cannot be said that there is such absence of evidence in its support as will authorize us to interfere.
The foregoing discussion disposes of all questions in the case. The judgment of the circuit court is
Affirmed.