J. H. Queal & Co. v. Peterson
Supreme Court of Iowa
Appeal from Lyon District Court.— IIon. Wm. Hutchinson, Judge. Action on a written instrument of guaranty. At the conclusion of the evidence there was a directed verdict for defendant, and from the judgment thereon plaintiff appeals.
1Opinion of the CourtMcClain, J.
On April 8, 1896, one Nielson was indebted to plaintiff on a promissory note for $120 then past due, and defendant executed to plaintiff his promise to pay *515the same in the following words: “ In regard to the N. S. Nielson note of $120 held by you and due September 1, 1895, if this note is not paid by said Nielson by October 1, 1896;, I hereby agree to take it up October 1, 1896, for $100.” Action being brought against defendant on this obligation, nonpayment by Nielson of his note being alleged, defendant denied his liability on the ground, that his obligation was entered into without any…
2Cases cited4 opinions
- Strong v. . SheffieldNew York Court of Appeals · 1895
- Manter v. ChurchillMassachusetts Supreme Judicial Court · 1879
- Burke v. DillinSupreme Court of Iowa · 1894
- Rix v. AdamsSupreme Court of Vermont · 1837
3Cited by15 opinions
- Carter v. BurnsSupreme Court of Missouri · 1933
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- Wright v. Iowa Southern Utilities Co.Supreme Court of Iowa · 1941
- Chewning v. PalmerArizona Supreme Court · 1982
- Zimbelman v. FinneganSupreme Court of Iowa · 1908
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