Knott v. Peterson
Supreme Court of Iowa
Appeal from Lyon District Court. — 'Hon. Vm. Hutchinson, Judge. Action at law to recover damages for the death of plaintiff’s husband, due to his intoxication resulting from the unlawful sale of liquors to him by the defendant Peterson. Defendant Schneede is' made a party because of his ownership of the property in which the liquor was sold, but the case was dismissed as to him before submission to the jury.
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Appeal from Lyon District Court. — 'Hon. Vm. Hutchinson, Judge. Action at law to recover damages for the death of plaintiff’s husband, due to his intoxication resulting from the unlawful sale of liquors to him by the defendant Peterson. Defendant Schneede is' made a party because of his ownership of the property in which the liquor was sold, but the case was dismissed as to him before submission to the jury. The United States Fidelity & Guaranty Company was made a party by reason of its having executed a bond as surety for Peterson, conditioned that it should pay all damages resulting from…
1Opinion of the CourtDeemer, C. J.
A number of points are made in appellant’s argument,- but, in view of the final disposition of the case, we shall not consider all of them., . 1. Action on ^ bond: parties, I. As the bond was conditioned to pay all damages resulting from the sale of liquors by Peterson, -and not to pay any judgment which might be rendered against him, and Peterson and his surety were jointly and severally liable thereunder, there was no necessity for making Peterson a party, nor for a judgment -against him as a condition precedent to a right of action against the Fidelity and Guarantee Company. This is…
2Cases cited21 opinions
- Hackett v. SmelsleyIllinois Supreme Court · 1875
- Roose v. PerkinsNebraska Supreme Court · 1879
- Hatch v. . ElkinsNew York Court of Appeals · 1875
- Trott v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1901
- Woolheather v. RisleySupreme Court of Iowa · 1874
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Baker v. BealSupreme Court of Iowa · 1975
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Clark ex rel. Clark v. Van VleckSupreme Court of Iowa · 1907
- United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
- Peterson v. BrackeySupreme Court of Iowa · 1909
7 more not listed; retrieve them via the Exa API.