Ault v. Sloan
Supreme Court of Iowa
Appeal from, the, Dubuqpt,e District Court. This suit was brought on a negotiable promissory note by the indorsee, against Merritt, the maker, and Sloan, the indorser thereof. There was judgment by default against the maker, and issue joined between the plaintiff and indorser, as to the latter’s liability. On this trial, the controversy appears to have been, whether the indorser was released for want of notice of the non-payment of the note by the maker.
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Appeal from, the, Dubuqpt,e District Court. This suit was brought on a negotiable promissory note by the indorsee, against Merritt, the maker, and Sloan, the indorser thereof. There was judgment by default against the maker, and issue joined between the plaintiff and indorser, as to the latter’s liability. On this trial, the controversy appears to have been, whether the indorser was released for want of notice of the non-payment of the note by the maker. The court instructed the jury, that “ if they found the indorser was released by want of notice of nonpayment, still if they also found that…
1Opinion of the Court
Wright, O. J.
The only objection urged to the instruction given by the court, is, that the jury should have also *509been told, that the subsequent promise, in order to bind the indorser, must have been made with the knowledge that he had been released. There is nothing to show that this qualification or addition, was asked or insisted upon by the defendant, at the time the instruction was given. The error of the court, if any, according to appellant’s argument, lies in the fact, that it did not give all the law on this subject, or proceed to state all those things which were necessary to…
2Cases cited1 opinion
- Miller v. BryanSupreme Court of Iowa · 1856
3Cited by5 opinions
- Puth v. ZimblemanSupreme Court of Iowa · 1896
- Hill v. City of GlenwoodSupreme Court of Iowa · 1904
- Dixon v. StewartSupreme Court of Iowa · 1871
- Haley v. Chicago & North Western Railway Co.Supreme Court of Iowa · 1866
- State v. BrainardSupreme Court of Iowa · 1868