German-American Bank v. Denmire
Supreme Court of Iowa
Appeal from Lee Circuit Cowrt. Action on a promissory note payable to James J. Brown, executed by one Hite and the defendant. The latter claimed he was surety and that he was discharged, because the plaintiff failed to bring suit thereon, or permit the defendant to do so, within ten days after notice in writing to that effect had been served on Brown. Trial to the court, a finding of facts, judgment for the plaintiff, and defendant appeals.
1Opinion of the Court
Seevers, Oh. J.
1. PROMISSORY note : surety when discharged. The note was given to the plaintiff by Brown as collateral security, but the debt it had been given to secure bad been discharged, and the court found the note belonged to Brown, and that he was the proper pers0p 0!1 whom the notice to sue should be served. •Prior to March 23,1881, the plaintiff being in possession of the note, wrote a letter to a justice of the peace, intend*138ing to inclose the note therein for collection, but, by oversight, failed to do sol The defendant wrote the plaintiff, desiring to pay the note, and was informed…
2Cases cited1 opinion
- First National Bank v. SmithSupreme Court of Iowa · 1868
3Cited by3 opinions
- Wittich v. O'NealSupreme Court of Florida · 1886
- Kennedy v. FaldeSupreme Court Of The Territory Of Dakota · 1886
- Benge's Administrator v. EversoleCourt of Appeals of Kentucky · 1913