First National Bank v. Smith
Supreme Court of Iowa
Appeal from Jasper District Court. Plaintiff brought suit against defendant and one Allen, in a justice’s court. Defendant set up as a defense, that he was surety upon the note sued on, and that he had been discharged from liability thereon, because plaintiff had not sued nor permitted him to sue his co-defendant upon written request. Judgment in justice’s court for defendant.
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Appeal from Jasper District Court. Plaintiff brought suit against defendant and one Allen, in a justice’s court. Defendant set up as a defense, that he was surety upon the note sued on, and that he had been discharged from liability thereon, because plaintiff had not sued nor permitted him to sue his co-defendant upon written request. Judgment in justice’s court for defendant. Plaintiff appealed to the District Court, where judgment was rendered against defendant on the following agreed statement of facts : First, that the plaintiffs are the owners of the note sued on * * * Which is indorsed…
1Opinion of the CourtBeck, J.
This case involves the construction of the following sections of the Bevision:
1. pbotcupai, discharge of' surety under the statute, “ Sec. 1819. When any person bound as a surety for another for the payment of money or the performance of any other contract in writing, apprehends that his principal is about to become insolvent or * . , to remove permanently from the btate without discharging the contract, if a right of action has accrued on the contract, he may, by writing, require the ■creditor to sue upon the same, or to permit the surety to commence suit in such creditor’s name, and at the…
2Cited by4 opinions
- Davis Sewing Machine Co. v. McGinnisSupreme Court of Iowa · 1877
- German-American Bank v. DenmireSupreme Court of Iowa · 1882
- Cleophas v. WalkerSupreme Court of Iowa · 1930
- Shenandoah National Bank v. AyresSupreme Court of Iowa · 1893