Moore v. Peterson
Supreme Court of Iowa
Appeal from Polh Girewt Court. The plaintiffs sold and delivered goods to the defendant, W. II. Peterson, and they bring this action against him on his contract to pay for the goods, and against the defendant, S. P. Harvey, as guarantor of the contract.
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Appeal from Polh Girewt Court. The plaintiffs sold and delivered goods to the defendant, W. II. Peterson, and they bring this action against him on his contract to pay for the goods, and against the defendant, S. P. Harvey, as guarantor of the contract. The defendant, Harvey, filed a separate answer, alleging that he had become discharged by reason of the fact that he, in writing, required the plaintiffs to sue Peterson, or permit him to do so at his cost in the plaintiffs’ name, and the plaintiffs refused to do either. The plaintiffs demurred to the answer upon several grounds, one of which…
1Opinion of the CourtAdams, J.
Section 2108 of the Code provides that “when a person bound as 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, * * * * he may, by -writing, require the creditor to sue upon the same, or permit the surety to commence such suit in such creditor’s name, and at the surety’s cost.” Section 2109 provides that “if the creditor refuse to bring suit, or neglect so to do for ten days after the request, and does not permit the surety so to do, and furnish him with a true copy of the contract or…
2Cases cited1 opinion
- Harriman v. EgbertSupreme Court of Iowa · 1873
3Cited by7 opinions
- Kennedy v. FaldeSupreme Court Of The Territory Of Dakota · 1886
- Edmonson & Reekes v. Potts' AdministratorSupreme Court of Virginia · 1910
- Colonial American National Bank v. KosnoskiDistrict Court, W.D. Virginia · 1978
- Hammond v. McHargueMissouri Court of Appeals · 1913
- Colonial American National Bank v. Robert L. KosnoskiCourt of Appeals for the Fourth Circuit · 1980
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