Case & Co. v. Howard
Supreme Court of Iowa
Appeal from Jasper Circuit Court. The plaintiffs allege that on the 21st of November, 1873, they sold one D. A. Hills, at Chicago, Illinois, a bill of goods amounting to $143,20, on the faith and credit of a certain writing executed by the defendant as follows: “Mr. D. A. Hills, the bearer, wishing to purchase 1 case of tobacco on credit, I hereby agree to see the same paid for in four months, should said purchase be made. H. M. Howard.”
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Appeal from Jasper Circuit Court. The plaintiffs allege that on the 21st of November, 1873, they sold one D. A. Hills, at Chicago, Illinois, a bill of goods amounting to $143,20, on the faith and credit of a certain writing executed by the defendant as follows: “Mr. D. A. Hills, the bearer, wishing to purchase 1 case of tobacco on credit, I hereby agree to see the same paid for in four months, should said purchase be made. H. M. Howard.” Plaintiffs state that more than four months have elapsed and that the amount is unpaid, and they ask judgment therefor. The answer admits the execution of…
1Opinion of the Court
Day, J. —
i. guarantst notice of acceptance. I. It is claimed that the defendant cannot be held liable because of the failure of plaintiffs to give him notice that his guaranty was accepted. In Carman v. Elledge, 40 Iowa, 409, we held that where the guaranty is absolute notice of acceptance is not necessary. The guaranty in this case is absolute. The defendant said in *481substance, “ If D. A. Hills purchases a case of tobacco on credit, I agree to see the same paid for in four months.” No condition is attached except that the sale should be made. The answer shows that when D. A. Hills returned…
2Cases cited2 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Carman v. ElledgeSupreme Court of Iowa · 1875
3Cited by6 opinions
- Stewart v. Knight & Jillson Co.Indiana Supreme Court · 1906
- German Savings Bank v. Drake Roofing Co.Supreme Court of Iowa · 1900
- Powell v. Chicago Carpet CompanyAppellate Court of Illinois · 1887
- Webster v. SmithIndiana Court of Appeals · 1892
- Manning, Cushing & Co. v. AlgerSupreme Court of Iowa · 1892
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