Grim v. Semple
Supreme Court of Iowa
Appeal from Lee District Court. ■ Action by ordinary proceedings upon an indemnifying bond. Defense, no consideration, and that plaintiff paid the money sued for in his own wrong;, that defendant was an attorney at law, and the bond was given in a proceeding in court, and hence void. A jury trial was waived, and the cause tried by consent to the court, who found for the plaintiff $514.60 and costs, and rendered judgment accordingly. The defendant appeals.
1Opinion of the Court
Oole, I.
A suit was pending in the Yan Burén District Court, wherein Coffindaffer was plaintiff and Wallingford was defendant. During its pendency Coffindaffer removed to Wisconsin, and was thereafter required to give security for costs. He procured this plaintiff, Joseph Given, to become his surety, and the bond for costs was executed August 22, 1870. The indemnifying bond sued on was executed August *57123,1870, and was signed by Coffindaffer as principal and by this defendant, Francis Semple, as surety. Afterwards, upon the trial of the cause, a judgment was rendered against Coffindaffer for…
2Cited by9 opinions
- Schoonover v. Osborne Bros.Supreme Court of Iowa · 1899
- Johnson v. StateSupreme Court of Alabama · 1911
- Schoonover v. OsborneSupreme Court of Iowa · 1902
- State ex rel. Wiles v. AlbrightNorth Dakota Supreme Court · 1901
- Fidelity & Deposit Co. v. O'BryanCourt of Appeals of Kentucky · 1918
4 more not listed; retrieve them via the Exa API.