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29 Iowa 596

Smith v. Comstock

Supreme Court of Iowa

Decided July 1, 1870

Supreme Court of Iowa · decided 1870-07-01

Appeal prom Poweshiek Ovrouit Oowrt— Wednesday, July With. MONET HAD AND RECEIVED. The plaintiffs say in their petition that the defendant was indebted to one Thompson, $65450, and at defendant’s request they gave their note to Thompson for the amount, and it was received by him in full satisfaction of his debt due from defendant. Note payable October 1, 1869, with interest at ten per cent from March 81,1869. Comstock and the plaintiffs then consented: 1.

Decided 1870-07-01

Williams, J.

¶1It is evident the plaintiffs, owing to the default of defendant, took nothing by the deed of the land conveyed to them for their security. It is also evident that defendant was released by the note to Thompson from a liability of $650.50, and interest.

¶2This is, in contemplation of law, the same as if plaintiffs had paid in money, for the benefit and at the request of defendant, this amount; and the special arrangement in reference to the payment of this sum *597to plaintiffs, by defendant, having failed, by default of defendant, they were entitled to recover this amount; and this being the claim of their petition, there being no answer after the overruling of the demurrer, the court rendered judgment for this amount for plaintiffs, which is

¶3Affirmed.

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