Bell v. Cooper
Supreme Court of Iowa
Appeal from Dallas District Court. — Lorin N. Hays, Judge. Suit on promissory note. Plea of want of consideration sustained. Plaintiff appeals. —
1Opinion of the CourtSalinger, J.
l. pbittoipaii and erS? asCtoSid" maker: suffisurety. — I. Appellee Florence C. Cooper signed the note in suit, as a surety. The suit against the principal, W. D. Cooper, was dismissed because he had been discharged in bankruptcy. Therefore, the only question presented ^y appeal is whether'the surety was rightly released on the plea that the note was void for want of consideration. If as to the principal the note rests on lawful consideration, it will not avail that the surety received nothing for signing. As to sureties, the consideration is thg benefit received by the principal, and the…
2Cases cited1 opinion
- Sherman v. SmithSupreme Court of Iowa · 1918
3Cited by5 opinions
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- Beed v. BeedSupreme Court of Iowa · 1928
- Hakes v. FrankeSupreme Court of Iowa · 1930
- Windahl v. VanderwiltSupreme Court of Iowa · 1925
- R. J. Watkins Co. v. PetersonSupreme Court of Iowa · 1930