Dennison v. Soper
Supreme Court of Iowa
Appeal from Linn District Court. Plaintiff alleges, in liis petition, that, on the 22d day of October, 1869, he executed a joint and several promissory note with the defendants, of wliich the following is a copy : “ $1,000. Center Point, October 22, 1869. “ One year after date we promise to pay to the order of John Bell & Có., $1,000 with ten per cent interest, payable at Center Point, value received. .('ir. S. Stamp,) O. Soper, j 50 cts. y E. W. Stewart, B. yf.
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Appeal from Linn District Court. Plaintiff alleges, in liis petition, that, on the 22d day of October, 1869, he executed a joint and several promissory note with the defendants, of wliich the following is a copy : “ $1,000. Center Point, October 22, 1869. “ One year after date we promise to pay to the order of John Bell & Có., $1,000 with ten per cent interest, payable at Center Point, value received. .('ir. S. Stamp,) O. Soper, j 50 cts. y E. W. Stewart, B. yf. Hilliard, Jonathan Dennison. “ Renewed Dec. 21, 1870. “ R. D. Stephens.” Plaintiff further alleges that he believes the note is in…
1Opinion of the CourtMiller, J.
From the record it appears that the plaintiff was a joint maker, with defendant, of the note upon which the action is based. As between plaintiff and defendants, he was surety only. He does not claim to own or haye any property in the note, but bases his right of action against his co-makers solely upon the facts that *185he was only a surety for them; that he was not indemnified against loss in case he paid the note; that the defendants have disposed of part of their property, with intent to defraud their creditors, and are about to dispose of the balance with like intent; and that after the…
2Cases cited3 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Walker v. LathropSupreme Court of Iowa · 1858
- Whitney v. BirdSupreme Court of Iowa · 1860
3Cited by9 opinions
- Gribben v. ClementSupreme Court of Iowa · 1909
- Barth v. GrafWisconsin Supreme Court · 1898
- Smith v. PittsSupreme Court of Alabama · 1910
- Salyers Auto Co. v. DeVoreNebraska Supreme Court · 1927
- Reader v. FarrissSupreme Court of Oklahoma · 1915
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