Leach v. Funk
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. A. W. Wilkinson, Judge. Action at law to recover the amount appearing to be due on a promissory note. An answer to the peti- • tion was filed, a demurrer thereto was sustained, and, the defendant refusing to plead further, judgment was rendered in favor of the plaintiff for the amount of the note and costs. The defendant appeals.
1Opinion of the CourtBobinson, J.
The petition alleges that on the twenty-fifth day of February, 1890, the defendant made to Copeland & Holder, his promissory note in writing; that subsequently the payee indorsed the note in blank, and transferred it to Fry Copeland; that thereafter he guaranteed and transferred it to the plaintiff, by writing on the back thereof the following: “For value received, I hereby guaranty the payment of the within note at maturity, or any time thereafter, with interest at 8 per cent, per annum until paid, waiving demand, notice of non-payment, and protest. Fry Copeland.” The petition alleges that…
2Cases cited2 opinions
- Downing v. GibsonSupreme Court of Iowa · 1880
- Isham v. McClureSupreme Court of Iowa · 1882
3Cited by1 opinion
- Benton v. Morningside CollegeSupreme Court of Iowa · 1926