Wilson v. Smith
Supreme Court of Iowa
Appeal from Dubuque District Court. Action on a bond of indemnity. Johnson and Stevens sued Butler in the District Court of Dubuque county, and obtained an attachment, which was levied upon certain horses, part of a circus establishment.
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Appeal from Dubuque District Court. Action on a bond of indemnity. Johnson and Stevens sued Butler in the District Court of Dubuque county, and obtained an attachment, which was levied upon certain horses, part of a circus establishment. The plaintiffs in that action, with Platt Smith as their surety, executed to John Picketts, shexdff of the county, a bond conditioned that they should “ indemnify and save harmless the said John Picketts from any damages he may sustain*by reason of his levying on said property, or any part, by virtue of such levy, etc.” An action was afterward brought by oñe…
1Opinion of the CourtCole, J.
l. bond : for indemnity: right of action, I. In the progress of the trial, the defendant offered to prove that Bicketts was insolvent at' the time he gave his note to the plaintiff, and for which , . . . the plaintiff entered satisfaction of the judgment of Nutter against Bicketts, and that he continued 'to be insolvent thereafter. This evidence was objected to by the plaintiff and .excluded by the court;, sirch ruling is now assigned as error.
It is true, as claimed by defendant’s counsel? that there are two classes of indemnity bonds; one, conditioned to save the obligee from any damages,…
2Cases cited1 opinion
- State v. GillickSupreme Court of Iowa · 1858
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