Miller v. Lesser
Supreme Court of Iowa
Appeal from Scott Circuit Court. Plaintiff brought this action to ■ recover án 'amount of money which he was compelled to pay. as surety on a bond on which defendant was principal, and' which was given by him in a proceeding in bankruptcy.. The defendant pleaded as a defense that the action was barred by the statute of limitations. The judgment was for the defendant, and plaintiff appealed.
1Opinion of the CourtReed, J.
1. Statute of limitations : action by surety against principal. When the bond was signed, which was in 1871, the parties wore both residents of the state of Ohio. It was given as security for the costs in a bankruptcy proceeding, which had been instituted by defendant. In -1873 defendant removed to Davenport, in this state, and he has since resided there continuously. In 1879 plaintiff was compelled to pay the costs which accrued in the proceeding in which the bond was given. This action was commenced in March, 188G. When defendant settled in Davenport, he assumed the name of M. Levy, and he…
2Cited by5 opinions
- Ogg v. RobbSupreme Court of Iowa · 1917
- Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Conklin v. TowneSupreme Court of Iowa · 1927
- Novak v. DupontSupreme Court of Iowa · 1900
- Northern Commercial Co. v. Big Four Trading Co.Washington Supreme Court · 1915