Jones v. Wilson
Supreme Court of Iowa
Appeal from Louisa District Court. Suit upon a note made payable by Wilson and Durham to one Burris and by him assigned to plaintiff. The note was made in July, 1857, due twelve months after date.
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Appeal from Louisa District Court. Suit upon a note made payable by Wilson and Durham to one Burris and by him assigned to plaintiff. The note was made in July, 1857, due twelve months after date. Upon the trial before a jury, it appeared that Dunham signed the note as surety for Wilson in February, 1859. Counsel for Dunham therefore claimed that as he signed the note after its maturity, his undertaking was collateral, that he stood in the relation of guarantor, and that plaintiff could not recover against him in this action. This view was sustained by the court, and the action dismissed as…
1Opinion of the CourtWright, J.
Under the Code, section 1681, and the construction given to it by this court, we think this action was properly brought against Dunham. Peddicord & Wyman v. Whittam et al 9 Iowa 4711.
Judgment reversed.. See also Hall v. Monohan 6 Iowa 216; Long v. Smyser & Hawthorne Ib. 266.
2Cases cited2 opinions
- Peddicord & Wyman v. WhittamSupreme Court of Iowa · 1859
- Hall v. MonohanSupreme Court of Iowa · 1858
3Cited by1 opinion
- Brown v. MelloonSupreme Court of Iowa · 1915