McConnell v. Poor
Supreme Court of Iowa
Appeal from Des Moines District Court. — -IIon. James D. Smyth, Judge. Evans entered into á contract willi plaintiff, July 14, 1891, to construct a dwelling house for him, and on" the same day executed a bond, with defendant as surety, conditioned “that, if the said Evan E. Evans shall duly perform said contract, then this obligation's to be void, but, if otherwise, the same to be and remain' in full force and virtue.”
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Appeal from Des Moines District Court. — -IIon. James D. Smyth, Judge. Evans entered into á contract willi plaintiff, July 14, 1891, to construct a dwelling house for him, and on" the same day executed a bond, with defendant as surety, conditioned “that, if the said Evan E. Evans shall duly perform said contract, then this obligation's to be void, but, if otherwise, the same to be and remain' in full force and virtue.” The house was built, and in 1892. Evans began an action against the plaintiff for a balance due. McConnell filed a cross petition, in which he averred several breaches of the…
1Opinion of the CourtLadd, J.
1 How far will a surety on a bond be bound by a judgment against his principal-. alone ? There is no little confusion in the language of the courts on this subject, and entire harmony does not.nrevail in the deeisions. This has resulted sometimes in treating such a • judgment, as res adjudicata in an action ■against the surety, rather than passing on the .character of the contract, and simply holding him to its performance. It is a fundamental principle .in jurisprudence that every man shall .have his day in court, and shall be ■' heard in his own defense, and of this right he may not, under…
2Cases cited8 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Stephens v. ShaferWisconsin Supreme Court · 1879
- Charles v. HoskinsSupreme Court of Iowa · 1863
- Evans v. McConnellSupreme Court of Iowa · 1895
- Arrington v. PorterSupreme Court of Alabama · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Monmouth Lumber Co. v. Indemnity Insurance Co. of North AmericaSupreme Court of New Jersey · 1956
- Davidson v. Henry L. Doherty & Co.Supreme Court of Iowa · 1932
- Hawkeye Life Insurance v. Valley-Des Moines Co.Supreme Court of Iowa · 1935
- Friend v. RalstonWashington Supreme Court · 1904
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
19 more not listed; retrieve them via the Exa API.