Braught v. Griffith
Supreme Court of Iowa
Appeal from Warren District Court. This cause originated in the County Court of Warren county, and was taken by appeal to tbe District Court of the same county where the order of the County Court was affirmed.
Read the full summary
Appeal from Warren District Court. This cause originated in the County Court of Warren county, and was taken by appeal to tbe District Court of the same county where the order of the County Court was affirmed. The agreed statement sets forth the facts of the case as concisely as may be, and is as follows, to wit: “It is stipulated and agreed between the parties to this suit, and for the purposes of this action and for use herein only, that the facts are as follows, to wit: that the said Hockett died about the 17th day of November, 1856; that on the 1st day of December, 1856, letters of…
1Opinion of the CourtDillon, J.
I. The claim of Peck having been duly “ stated, sworn to and filed,” as the statute requires (Rev. § 2393), within six months, would have ranked, if established, as a claim of the third class.
And if established, it is plain, both on principle and authority, that the surety on paying the debt would have a right to stand in the place of the creditor.
Thus, it is held that where the creditor has proved the debt against the estate of the principal, and the surety afterwards pays the creditor the debt, the creditor will be considered a trustee of the dividends for the surety. Ex parte Rushworth, 10…
2Cases cited8 opinions
- Lidderdale's Executors v. of RobinsonSupreme Court of the United States · 1827
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Norton v. CoonsNew York Supreme Court · 1846
- Eddy v. TraverNew York Court of Chancery · 1837
- Enders v. BruneCourt of Appeals of Virginia · 1826
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Logan v. HallSupreme Court of Iowa · 1865
- Johnston v. BeldenSupreme Court of Iowa · 1878
- Storts v. GeorgeSupreme Court of Missouri · 1899
- Searing v. BerrySupreme Court of Iowa · 1882
- City of Keokuk v. LoveSupreme Court of Iowa · 1870
5 more not listed; retrieve them via the Exa API.