Westheimer v. Peacock
Supreme Court of Iowa
Appeal from the Dubuque District Court. In November, 1852, James Peacock (tbe son of tbe defendant), gaye bis note, payable to Heidelback & Co., for $630.60, due in ninety days j and about tbe time of its ma-turity, stopped payment. Before and after tbe maturity of said note, one of tbe payees called upon tbe defendant,- and informed bim that they were about to sue tbereon, and to attack tbe property of James.
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Appeal from the Dubuque District Court. In November, 1852, James Peacock (tbe son of tbe defendant), gaye bis note, payable to Heidelback & Co., for $630.60, due in ninety days j and about tbe time of its ma-turity, stopped payment. Before and after tbe maturity of said note, one of tbe payees called upon tbe defendant,- and informed bim that they were about to sue tbereon, and to attack tbe property of James. Tbe defendant insisted * that this should not be done, and said that he was getting: his son’s property into his hands, and that he would pay the note. The debt could have been made by…
1Opinion of the CourtWeight, C. J.
We think it was error to refuse these instructions. The language of our statute of frauds is somewhat different from that of the fourth section of 29 Car. II, and yet so much like it in terms, that the English and American authorities upon its construction, are entitled to the same consideration as upon questions at common law. That statute provides that no action shall be brought, whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note…
2Cases cited4 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Jackson v. RaynerNew York Supreme Court · 1815
- Simpson v. PattenNew York Supreme Court · 1809
- Chandler v. DavidsonIndiana Supreme Court · 1843
3Cited by11 opinions
- Miskimmins v. ShaverWyoming Supreme Court · 1899
- Johnston v. JicklingSupreme Court of Iowa · 1909
- Ratigan v. RatiganSupreme Court of Iowa · 1917
- Sternburg v. Callanan & InghamSupreme Court of Iowa · 1862
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
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