Root & Son's Music Co. v. Caldwell
Supreme Court of Iowa
Appeal from Appanoose Circuit Court. Action at law upon a bond executed by defendants to plaintiffs to secure indebtedness to be contracted by defendant Caldwell to plaintiff. There was a verdict and judgment • for plaintiffs; defendants appeal. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
I. The action is upon a bond whereby defendant Edwards became surety for the other defendant on account of pianos, organs, etc., which he was about to purchase of plaintiffs. The defendant Edwards, among other defenses, set up that he was never notified of the acceptance of the bond sued upon, or of the purchase of goods by the other defendant upon the credit of the bond, and that said indobt*433edness of Caldwell to plaintiff was contracted under another bond given by him with another surety. Other defenses pleaded and issues formed by the pleadings need not be set out.
The plaintiffs file an…
2Cited by2 opinions
- Wells v. KavanaghSupreme Court of Iowa · 1886
- Dietrich v. Dr. Koch Vegetable Tea Co.Supreme Court of Oklahoma · 1916