Martyn v. Lamar
Supreme Court of Iowa
Appeal from Buena Vista District Court. — Hon. Lot Thomas, Judge. Action upon a promissory note, which was executed by the defendants H. C. & S. H. Lamar to their co-defendant William Conley, on the fourteenth day of September, 1885, due eight months after date. On the twenty-third day of December, 1885, the defendant William Conley transí erred the note to the plaintiff, and by a separate instrument in writing guaranteed the payment thereof.
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Appeal from Buena Vista District Court. — Hon. Lot Thomas, Judge. Action upon a promissory note, which was executed by the defendants H. C. & S. H. Lamar to their co-defendant William Conley, on the fourteenth day of September, 1885, due eight months after date. On the twenty-third day of December, 1885, the defendant William Conley transí erred the note to the plaintiff, and by a separate instrument in writing guaranteed the payment thereof. Judgment was rendered for the plaintiff against the makers of the note, and a trial by jury was had as to the liability of Conley, the guarantor. The…
1Opinion of the CourtRotheook, J.
— I. The counsel for appellant make a question upon the sufficiency of the petition. It is claimed, because the plaintiff requested the court to instruct the jury to returna verdict for the plaintiff upon the record made in the case, that the motion had no reference to the evidence, because it had not then been made of record, and that it was error to order a verdict upon the pleadings ; and it is insisted that the petition-does not constitute a cause of action against the defendant. These objections come too late. The defendant answered the petition, went to trial, introduced his evidence,…
2Cases cited1 opinion
- Sabin & Moon v. HarrisSupreme Court of Iowa · 1861
3Cited by3 opinions
- J. E. Paulson & Co. v. WardNorth Dakota Supreme Court · 1894
- Bayley v. GarrisonCalifornia Supreme Court · 1923
- Baskett Lbr. & Mfg. Co. v. GravleeAlabama Court of Appeals · 1916