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11 Iowa 93

Morse v. Close

Supreme Court of Iowa

Decided October 6, 1860

Supreme Court of Iowa · decided 1860-10-06

The material facts are sufficiently presented in the opinion of the Court. I. When one of the joint makers of a promissory note is discharged, it operates as a discharge of all. Story Prom, Notes, section 402, 428,425 and 435; 1 Story Eq. Jur. 112. II. A judgment on a joint promissory note against one of the makers operates as a merger of the note, Dow v. Bother, 12 111. 373; Story Prom.

Decided 1860-10-06

Baldwin, J.

¶1This was an action to recover upon a joint promissory note given by Frank Hastings, in his life time, and Thomas W. Close, the appellant. Hastings having died before the commencement of this suit his administrators are *95made defendants with Close the appellant. Judgment by default was taken against the administrators, and upon issue joined and trial, against Close.

¶2The first assignment of error is, that the court below refused to give certain instructions asked by defendant. It does not appear that any exceptions were taken by the appellant to the ruling of the court below. Unless such ruling was excepted to at the time and made part of the record by bill of exceptions, it will not be considered by this court. 1 Iowa 226 and 205; 2 Ib. 447.

¶3It is also insisted that the court erred in rendering a judgment against appellant after judgment had been rendered against said administrators. The record shows that the judgment was rendered against all of the defendants at the same time. The judgment against the administrators by default, and against appellant upon the finding of the jury. No objections were made by appellant in his pleadings to a joinder of himself with the other defendants, and we think it too late to raise the question, for the first time, in this' Court.

¶4It is further claimed that the court erred in rendering judgment against the administrators. They do not complain. Close alone appeals.

¶5Judgment affirmed.

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