First National Bank v. Drake
Supreme Court of Iowa
Appeal from Page District Court. — Thomas Arthur, Judge. Action upon a guaranty of a payment of a proniissory note. Plea: The statute of limitations has run against the maker of the note, and the guarantor is entitled to invoke the same statute in his own behalf. Judgment and decree for the plaintiff in the court below. Defendant appeals.
1Opinion of the CourtGaynor, J.
In this action, plaintiff seeks judgment against defendant Francis Drake, on his guaranty of payment of a certain note, and asks that the conveyance of certain real estate claimed to have been fraudulently conveyed to the defendant Eliza Drake be set aside as fraudulent.
It appears that, on or about September 23, 1905, one J. B. Sutton executed his promissory note to the Bead-Gwynn Bank of Imogene, due in six months from date, and that this note was duly transferred to plaintiff. At the time the note was executed, and before it was delivered, Francis Drake, with others, guaranteed its payment,…
2Cases cited8 opinions
- P. J. Willis & Brother v. ChowningTexas Supreme Court · 1897
- Rouse v. Wooten.Supreme Court of North Carolina · 1906
- Auchampaugh v. SchmidtSupreme Court of Iowa · 1886
- Coleman v. . FullerSupreme Court of North Carolina · 1890
- Kearnes v. MontgomeryWest Virginia Supreme Court · 1870
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3Cited by14 opinions
- Nichols v. HarshSupreme Court of Iowa · 1926
- Miller v. GeerlingsSupreme Court of Iowa · 1964
- Denver-Chicago Trucking Co. v. LindemanDistrict Court, N.D. Iowa · 1947
- Bank of Italy National Trust & Savings Ass'n v. SymmesCalifornia Court of Appeal · 1931
- Rabon v. PutnamCourt of Appeals for the Tenth Circuit · 1947
9 more not listed; retrieve them via the Exa API.