Mix v. Fairchild
Supreme Court of Iowa
Appeal from, Johnson District Court. Actioít against the maker and guarantor (who was the payee) of a promissory note. The defendant demurred to the petition; the demurrer was overruled and the defendant appeals. contended that the contract of the guarantor is separate and distinct from that of the maker and indorser, and that they can not be sued jointly,. on the note. Edwards on Bills & Prom.
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Appeal from, Johnson District Court. Actioít against the maker and guarantor (who was the payee) of a promissory note. The defendant demurred to the petition; the demurrer was overruled and the defendant appeals. contended that the contract of the guarantor is separate and distinct from that of the maker and indorser, and that they can not be sued jointly,. on the note. Edwards on Bills & Prom. Notes, 219-221, and the authorities there cited. relied upon Marvin v. Adamson et al., 11 Iowa 371.
1Per curiam
Upon the authority of Marvin v. Adamson *352et al., 11 Iowa 371, it is held that there was not a misjoinder of parties, and that the court erred in sustaining the demurrer to the petition.
Reversed.
2Cases cited1 opinion
- Marvin v. AdamsonSupreme Court of Iowa · 1860
3Cited by1 opinion
- Kent Feeds, Inc. v. MantheiSupreme Court of Iowa · 2002