Legal Opinion

Green v. Marble

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 5 opinions

Appeal from, Grundy Oi/rcmt Oowrt. Thursday, September 18. Action at law. One Wilson executed his promissory note to defendant, who, after maturity, transferred it to Groat, and executed a guaranty in the following words: “ I guarantee the payment of the within note within thirty days from the 17th day of October, 1870. Elias Marble.” Before the expiration of thirty days Groat verbally assigned the note and guaranty to plaintiff.

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Appeal from, Grundy Oi/rcmt Oowrt. Thursday, September 18. Action at law. One Wilson executed his promissory note to defendant, who, after maturity, transferred it to Groat, and executed a guaranty in the following words: “ I guarantee the payment of the within note within thirty days from the 17th day of October, 1870. Elias Marble.” Before the expiration of thirty days Groat verbally assigned the note and guaranty to plaintiff. There was a trial to the court without a jury, and a judgment for plaintiff. Defendant appeals. E. P. Baker and E. W. Eastman for the appellant.

1Opinion of the Court

Beck, Ch. J.

I. The defendant insists that as the note is not indorsed to plaintiff, and the guaranty is not negotiable, recovery can only be had, if at all, in equity. But as no objection was made in the court below as to the forum in which the suit was prosecuted, an error in that respect will avail the defendant nothing in this court. Rev., §§ 2613, 2616, 2619; Taylor v. Adair & Goff, 22 Iowa, 279; Van Orman v. Merrill, 27 id. 176; Hatch v. Judd, 29 id. 95.

II. The verbal assignment of the note and guaranty transferred to plaintiff the property in the choses in action of which these…

2Cases cited2 opinions

  1. Taylor v. AdairSupreme Court of Iowa · 1867
  2. Nairn v. LoganSupreme Court of Iowa · 1860

3Cited by5 opinions

  1. Matthews v. J. H. Luers Drug Co.Supreme Court of Iowa · 1900
  2. Edmunds v. Illinois Cent. R.U.S. Circuit Court for the District of Northern Iowa · 1897
  3. Clearfield Bank v. OlinSupreme Court of Iowa · 1900
  4. Frisco Lumber Co. v. WaldockSupreme Court of Oklahoma · 1918
  5. Balch v. Ashton & Co.Supreme Court of Iowa · 1880

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