Read v. American Surety Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. O. R. Holmes, Judge. Action against defendant as surety on a bond. Defense that the surety had been discharged by failure to enforce the claim against the principal. Trial to the court without a jury. Judgment for plaintiff. Defendant appeals. —
1Opinion of the Court
McClain, J. —
The plaintiff holds, as assignee, various claims against one M. H. King, Jr., for services performed for said King in carrying out two contracts between him and the city of Des Moines for grading. When these contracts were made King executed a bond as to each, with the defendant as surety, undertaking to perform the work and pay all claims for labor and materials furnished for said work, and save the city of Des Moines harmless from any such liens or claims under the laws of the state of Iowa. Plaintiff’s assignors did not file claims with the city, as they might have done under…
2Cases cited15 opinions
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- City of Maquoketa v. WilleySupreme Court of Iowa · 1872
- Chambers v. CochranSupreme Court of Iowa · 1864
- Rice v. MortonSupreme Court of Missouri · 1854
- Fuller v. Tomlinson Bros.Supreme Court of Iowa · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Leach v. Commercial Savings BankSupreme Court of Iowa · 1927
- Empire State Surety Co. v. City of Des MoinesSupreme Court of Iowa · 1911
- Hay v. HassettSupreme Court of Iowa · 1916
- Haakinson & Beaty Co. v. McPhersonSupreme Court of Iowa · 1918
- Federal Land Bank v. ChristiansenSupreme Court of Iowa · 1941
1 more not listed; retrieve them via the Exa API.