72 Iowa 295 | Iowa | 1887
On the 14th of November, 1871, plaintiffs were the owners of four promissory notes executed by the firm of Paxton & Ramsey, of which firm the defendants were the .members, the aggregate amount of the principal of which was $2,454.61. On that day defendants turned over to them forty-seven notes on third parties, amounting in the aggregate to $1,896.50. Plaintiffs collected a portion of the notes, and credited the amounts so received on three of the notes held by them on defendants. They also received from one Parker the sum of $579.58, for which they also gave defendauts credit. The total amount of these credits exceeded that of three of the notes on defendants, and the excess was credited on the fourth note. This action is for the recovery of the balance alleged to be due on that note. In their original answer the defendants pleaded, in effect, that Parker held certain notes belonging to them, amounting to $579.58, and that, at the same time they turned over to plaintiffs the forty-seven notes, they also gave them an order on Parker for the notes in his hands, and that the notes were turned over and the order given, upon an agreement between the parties that the plaintiffs would accept all of the notes
We find no prejudicial error in the rulings of the circuit court, and the judgment must be
AFFIRMED.