Warner v. Pace
Supreme Court of Iowa
Appeal from Decatur District Qourt. Action on a promissory note executed by Pace and twelve others, who are defendants. All of the defendants except Pace answered, that they signed the note as sureties upon the express understanding and agreement that it should not be delivered to the payee, (the decedent) until it was signed by twenty persons ; of which agreement and understanding it was further alleged that said payee had notice when the note was delivered to him.
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Appeal from Decatur District Qourt. Action on a promissory note executed by Pace and twelve others, who are defendants. All of the defendants except Pace answered, that they signed the note as sureties upon the express understanding and agreement that it should not be delivered to the payee, (the decedent) until it was signed by twenty persons ; of which agreement and understanding it was further alleged that said payee had notice when the note was delivered to him. Plaintiff appeals. relied upon Botven <$• King v. Hale, 4 Iowa 430; Byington v. Woodward § Warde, 9 Iowa 360; Bulle v. McDougal,…
1Opinion of the CourtBaldwin, J.
The right of trial by jury was waived by both parties and the cause submitted to the District Court. The evidence introduced by the plaintiff and defendants upon the trial is set forth in the transcript. The court found in favor of plaintiff as against Thomas Pace, and dismissed plaintiff’s cause of action as to the rest of the defendants, to *392which finding of the court the plaintiff excepted, and this action of the court is assigned as error. It does not appear that either party requested that the statement of facts, as found by the court, be reduced to writing and made a part of the record…
2Cited by11 opinions
- Commercial National Bank Bluffs v. GilinskySupreme Court of Iowa · 1909
- Allman v. GilbertSupreme Court of Iowa · 1863
- Heirs of Reynolds v. MillerSupreme Court of Iowa · 1862
- McCoy v. JulienSupreme Court of Iowa · 1863
- Kelso v. ElySupreme Court of Iowa · 1861
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