57 Iowa 591 | Iowa | 1881
The plaintiff introduced his discharge in bankruptcy in the usual form, dated April 28, 1875, and purporting to discharge him from all debts provable in bankruptcy previous to his being adjudged a bankrupt on a petition filed against him August 7, 1872. The defendant introduced the judgment docket of the Floyd Circuit Court showing the rendition of a judgment in favor of J. M. Dougan against Z. C. Trask, E. W. McNitt, and James C. Knapp, dated September 10, 1872, for $780.27, and costs and attorney’s fees, upon which judgment $273.05 had been collected on execution. The testimony respecting the promise of plaintiff to pay this judgment is very brief, and is, substantially, as follows: J. M. Dougan testified: “I had a conversation with plaintiff about the 26th of April, 1875. We were talking about our business, when he said to me that he was going to Dubuque the next day and expected to get his discharge. That he couldn’t do
Mr. Goodykoontz testified: “About May 5th I was present at a conversation between defendant Dougan and plaintiff, in plaintiff’s place of business, at Nora Springs. In that conversation Dougan said to Knapp that he had come down to talk with him in reference to his claim against Trask, McNitt & Knapp; that the matter had been running some time, and he desired to have it arranged some way. Knapp replied that he was going to make the matter right, and didn’t want to .see Dougan lose anything.”
R. Wilber testified: “I called on plaintiff, at his place of business, a few days before he was going to Dubuque. I asked Knapp what he was going to do with Dougan. He said he proposed to fix it up. I asked him to give security for the claim. He said, ‘no, I won’t do that; I can’t do it — you know I can’t before I get my discharge.’ * * * * * I think he said he couldn’t get a discharge by giving that security, but after he got his discharge he would fix Dougan’s matter up.”
The plaintiff, on his own behalf, testified as follows: “I have never, since April 28, 1875, at any time or place, agreed
Reversed.