John Deere Plow Co. v. Tuinstra

The important facts in this case are as follows: On May 13, 1920, Newport sold his hardware and implement stock to Klein, pursuant to a contract in writing whereby Klein assumed and agreed to pay certain of Newport’s indebtedness. No time was fixed in the contract within which such debts should be paid. On July 24, 1920, Newport brought an action against Klein, upon the ground that Klein 'had failed to pay certain of such assumed indebtedness. In that action a garnishee summons was served upon the Bank of Avon, which then held a note and mortgage given by Hento to Klein as collateral security…