29 Iowa 235 | Iowa | 1870
The plaintiff, in his original petition, claims judgment on the ground that he became indorser for defendants, at their request, of a certain promissory note executed to another ; that defendants, at its maturity, failed to pay the note, and plaintiff, being liable as an indorser thereon, was compelled to pay the same. An
In support of these defenses defendants introduced in evidence a written agreement for the settlement of four certain suits. Two of them were pending in the United States circuit court; in one, judgment had been rendered in the same court, and the other was a proceeding inbankruptcy, against plaintiff herein, in the United States district court. It is not made to appear, either by the agreement itself or by any other evidence, where those courts were held. The defendant, B. Coffin, and the plaintiff were defendants in the judgment. In the actions settled, other parties, who are not connected with this suit, were parties, plaintiff and defendant. This agreement provides for the settlement of matters between the different parties, which can have no relation to the question involved in this suit. It also stipulated that defendant herein, B. Coffin, shall execute to plaintiff a certain note, “ which shall be taken as in full settlement and discharge of any and all claims of every name or kind whatever, of said Morton against Barnabas Coffin, or the late firm of B. &
The defendants introduced evidence showing that upon the judgment rendered in this case certain lots in Council Bluffs were sold October 16, 1867, to J. P. Cassiday. That notice was given by defendants7'attorney at the sale, of a motion to set aside the judgment, and that the purchaser claimed that he was buying the property as agent of plaintiff. The foregoing is the substance of all the evidence introduced by defendant. Upon the new trial plaintiff offered no evidence. Thereupon the court confirmed the judgment before entered. The appellant insists that the evidence did not authorize such an order.
I. Admitting that the judgment first rendered in this case is the one referred to in the agreement, of which we
The agreement provides for the satisfaction of the judgment, for its settlement, and for certain things to be done in case property had been sold thereon. This by no means is a defense to the cause of action upon which the judgment was rendered, and cannot be given as a reason why the judgment shall be vacated, nor as a cause for refusing the order confirming the judgment. In order that the agreement be performed according to its terms the judgment must stand.
II. In this view, the fact of the sale of the lots is no defense to the action, nor cause against the confirmation of the judgment. We fail to see the relevancy of the evidence given in regard thereto. Certainly it had no bearing upon the question of plaintiff's right to recover, and his consequent right to have the judgment confirmed, and these were the questions before the court.
The answer, therefore, must be held to admit the execution of the note and plaintiff’s right to maintain the action thereon.
Affirmed.