185 Iowa 448 | Iowa | 1919
On May 16, 1904, the defendant and her husband, and deceased, Jane M. Monahan, gave their .note for $1,000 to Anna N. Dean, payablé February 15, 1907. The note is signed first by H. W. Lohman, defendant’s husband, then by defendant, then by Mrs. Monahan. Anna N. Dean is a sister of the defendant’s. Mrs. Monahan, deceased, was the mother of Mrs. Dean and of defendant. Mrs. M'onahan died testate, in August, 1916. At the time the note was executed, H. W. Lohman was in the clothing business. The defendant, his wife, had no connection with, or interest in, such business. It is conceded that Mrs. Monahan, deceased, was surety on the note. After her death, the payee filed a claim against her estate, and the full amount of the note was paid by the plaintiff. This action is brought to recover from defendant, May L. Lohman, $1,337.05, the amount paid, together with interest. The petition alleges that H. W. Lohman and May L. Lohman were the principal makers of said note, and received the entire consideration therefor. The answer of the defendant, May L. Lohman, states that the note set out in the petition was signed by her as surety only, and not as one of the principal makers thereof, and that said note was also signed as surety by Mrs. Monahan, at the request of the principal maker, H. W. Lohman.
“Q. Do you remember about your mother signing? A. I remember mother was the one who helped get the money for me, — that is all I know.”
Appellant gives significance to and relies upon the an
It may be that we have gone into these matters more fully than need be, since, as said, it is almost entirely a question of fact. Without further discussion, we are satisfied with the conclusion of the trial court, and the judgment is, therefore, — Affirmed.