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43 Iowa 508

Dickerman v. Miner

Supreme Court of Iowa

Decided June 14, 1876

Supreme Court of Iowa · decided 1876-06-14

The plaintiff filed a petition claiming of defendants, Nelson Miner and Ira Johnson, the sum of $100 with ten per cent interest from January 19th, 1867, on a promissory note purporting to be made by them to Wm. N. Strong, and by said Strong indorsed to plaintiff, before due, and for a valuable consideration.

Cited by 1 later decisions (1 by the Supreme Court) — most recently November 1884

Good law ✅— No negative treatment on recordhow we know

Decided 1876-06-14

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Day, J.

¶1I. The very decided weight of authority is that the adding the name of another maker to a bill or note is a material alteration, such as will discharge the original parties not consenting thereto, without inquiry as to whether the alteration is 'injurious or beneficial to them. 2 Parsons’ Notes and Bills, pp. 556-560, and cases cited; Hall’s Administratrix v. McHenry, 19 Iowa, 521.

¶2II. The signature of Johnson imports a sufficient consideration. Por aught that appears, he knew that Miner had no knowledge of the addition to the note. The law presumes that he knew the effect of his signature would be to discharge Miner. There is no reason why he should be discharged from his obligation voluntarily assumed. The effect of his act was to execute a new note at the time he attached his name. As the maker of such note he should be held liable.

¶3Upon the appeal of Johnson the case is affirmed, and on the appeal of Miner it is

¶4Beveesed.

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