Hayer v. Comstock
Supreme Court of Iowa
Appeal from Wright District Court. — Hon. S. M. Weaver, J udge. Plaintiff states as bis cause of action that be executed a promissory note with defendant, and as bis 'surety, to the State Bank of Eagle Grove; that the defendant failed to pay said note; and the plaintiff was compelled to, and did, pay the same to the bank on or about April 1, 1899, in the sum of $193.66, for which, with interest, he asks judgment-. The defendant answered that on December 6, 1898, he was duly…
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Appeal from Wright District Court. — Hon. S. M. Weaver, J udge. Plaintiff states as bis cause of action that be executed a promissory note with defendant, and as bis 'surety, to the State Bank of Eagle Grove; that the defendant failed to pay said note; and the plaintiff was compelled to, and did, pay the same to the bank on or about April 1, 1899, in the sum of $193.66, for which, with interest, he asks judgment-. The defendant answered that on December 6, 1898, he was duly and legally adjudged to be a voluntary bankrupt under the acts of congress; that said note was scheduled as due to said…
1Opinion of the CourtGiven, C. J.
I. The agreed statement of facts is as follows: “On Hay 26, 1900, the following agreed statement of facts was filed with the clerk of the Wright county district court, to wit: ‘It is hereby agreed by and between the plaintiff and the defendant in the above-entitled action that on December 2, 1893, the plaintiff, C. F. Hayer signed the note attached to this statement as surety for the defendant ; that the defendant failed and neglected to pay said note; that on April 1, 1899, the plaintiff had to, and did, pay the full amount of said note, to wit, $193.66, to the State Bank at Eagle Grove,…
2Cases cited2 opinions
- Timothy L. MacE in Error v. Jared WellsSupreme Court of the United States · 1848
- Crafts v. . MottNew York Court of Appeals · 1851
3Cited by6 opinions
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- In Re KenistonUnited States Bankruptcy Court, D. New Hampshire · 1988
- Allen v. See. In Re SimmonsCourt of Appeals for the Tenth Circuit · 1952
- Bank of Wrightsville v. Four SeasonsCourt of Appeals of Georgia · 1917
- Calmenson v. MoudrySupreme Court of Minnesota · 1917
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