Legal Opinion

Preston v. Gould

Supreme Court of Iowa

Decided June 7, 1884PublishedCited by 6 opinions

Appeal from Scolt District Court. The petition states that “the defendant delivered to plaintiff a note having indorsed upon the back thereof tlie name of the payees, Brown, Campbell & Gould, and requested plaintiff to indorse the same for the accommodation of the maker, Lee, and that plaintiff did thereupon write bis name ’on the back thereof, and underneath the name of Brown, Campbell & Gould, as a second indorser, and redelivered said note so indorsed to said' Gould; that…

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Appeal from Scolt District Court. The petition states that “the defendant delivered to plaintiff a note having indorsed upon the back thereof tlie name of the payees, Brown, Campbell & Gould, and requested plaintiff to indorse the same for the accommodation of the maker, Lee, and that plaintiff did thereupon write bis name ’on the back thereof, and underneath the name of Brown, Campbell & Gould, as a second indorser, and redelivered said note so indorsed to said' Gould; that said Brown, Campbell & Gould were a co-partnership, and said defendant, Gould, was a member thereof; that thereafter,…

1Opinion of the CourtSeevebs, J.

1. PRACTICE courPpre0 favor of trial court. I. Parol evidence was introduced on the trial, against the objection of the appellant, tending to show that the firm of Brown, Campbell & Gould, of x partnership the defendant was a member, ancl die plaintiff were joint sureties on the note for Henry W. Lee, the maker, and it is assigned as error that the court erred in finding that the parties to this action, as between themselves, were co-sureties on the note. There was no finding of facts, but we must presume such a finding of facts as will support the judgment. We therefore must assume that the…

2Cases cited8 opinions

  1. Good v. MartinSupreme Court of the United States · 1877
  2. Rey v. SimpsonSupreme Court of the United States · 1860
  3. McCARTY v. ROOTSSupreme Court of the United States · 1859
  4. Kelly v. GillespieSupreme Court of Iowa · 1861
  5. Riley v. GreggWisconsin Supreme Court · 1863

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3Cited by6 opinions

  1. Holmes v. First National BankNebraska Supreme Court · 1893
  2. Dunton v. McCookSupreme Court of Iowa · 1895
  3. In Re Trust of LuntSupreme Court of Iowa · 1946
  4. Novak v. DupontSupreme Court of Iowa · 1900
  5. State Savings Bank v. MarkworthSupreme Court of Iowa · 1927

1 more not listed; retrieve them via the Exa API.

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