Legal Opinion

Benson v. Alleman

Supreme Court of Iowa

Decided November 12, 1935No. 43149PublishedCited by 3 opinions

1Opinion of the CourtPowers, J.

This case presents for decision the question whether a person who signs a negotiable promissory note on the face as a maker with another may show in an action on the note in the hands of the original payee that he signed only for the accommodation of the other maker and as surety for such other maker and that he is only secondarily liable for the payment of the note within the meaning of the amendment to the Bankruptcy Act giving to persons secondarily liable the benefit of an extension. The sufficiency of the pleadings and proceedings below to raise the question are not challenged.

That A. J.…

2Cases cited4 opinions

  1. Fullerton Lumber Co. v. SnoufferSupreme Court of Iowa · 1908
  2. First National Bank v. DrakeSupreme Court of Iowa · 1919
  3. Iowa Bonding & Casualty Co. v. Wagner Co.Supreme Court of Iowa · 1926
  4. Central Finance Co. v. MartinLouisiana Court of Appeal · 1934

3Cited by3 opinions

  1. Phelps v. DawsonCourt of Appeals for the Eighth Circuit · 1938
  2. State v. Bi-States Const. Co., Inc.Supreme Court of Iowa · 1978
  3. Allied Fidelity Insurance Co. v. Environmental Quality CouncilWyoming Supreme Court · 1988

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