Legal Opinion

Durand v. Bowen

Supreme Court of Iowa

Decided December 19, 1887PublishedCited by 1 opinion

Appeal from Carroll District Court — Hon. J. P. Conner, Judge. Plaintiffs brought this action to recover an indebtedness of $200 arising out of the sale by them to John C. Davis and his wife of certain goods and merchandise.

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Appeal from Carroll District Court — Hon. J. P. Conner, Judge. Plaintiffs brought this action to recover an indebtedness of $200 arising out of the sale by them to John C. Davis and his wife of certain goods and merchandise. Their claim against this defendant is upon the following writing: “Carroll, October 22, 1885. 11R. C. <& C. Durand: For value received, I hereby guaranty collection of all the present indebtedness of John C. Davis, or Mrs. O. W. Davis, to whom he has sold or transferred his stock at Maple River Junction, Iowa, and authorize you to sell her goods on credit the same as you…

1Opinion of the CourtReed, J.

-For some time before the date of the instrument set out above, John 0. Davis had been engaged in business as a merchant at Maple River Junction. On the 20th of July, 1885, defendant wrote to plaintiffs, who are wholesale dealers in Chicago, requesting them to sell to Davis such goods as he should need in his business on credit, and guarantying the payment by Davis of any indebtedness he might contract with them, not exceeding $200. On the 1st of October following, Davis was indebted to plaintiffs in a considerable amount for goods obtained after the execution of the guaranty, and was unable…

2Cases cited1 opinion

  1. Voorhies v. AtleeSupreme Court of Iowa · 1870

3Cited by1 opinion

  1. Schaffer v. AcklinSupreme Court of Iowa · 1928

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