Fuller v. Tomlinson Bros.
Supreme Court of Iowa
Appeal from Mitchell Circuit Court. This action was brought against the defendants as guarantors of certain promissory notes.
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Appeal from Mitchell Circuit Court. This action was brought against the defendants as guarantors of certain promissory notes. The petition shows that the defendants were appointed agents of the plaintiffs to sell mowing and reaping machines; that as a part of the contract under which they were appointed they guaranteed to the plaintiffs “the collection and payment of all notes taken in payment for machines, within one year from the time such are due;” that under the contract the defendants sold certain machines, and took certain notes, which the defendants delivered to the plaintiffs with…
1Opinion of the CourtAdams, J.
1. SURETY : when not discharged. The defendants claim that the plaintiffs had what was equivalent to a lien upon the machines for which the notes were given. This, the plaintiffs deny. ±>ut tor the purposes ox the opinion, this may be *113conceded. The first question presented, then is, whether the failure of the plaintiffs to take possession of the machines, and subject them to the payment of their debt, until it was too late to do so, constitutes any defense. In support of the defendants’ proposition, that it does, our attention is called to the “ familiar doctrine, that the surrender of any…
2Cases cited1 opinion
- Asher v. HillWisconsin Supreme Court · 1856
3Cited by19 opinions
- Kinsel v. BallouCalifornia Supreme Court · 1907
- Fegley v. JenningsSupreme Court of Florida · 1902
- Carver v. SteeleCalifornia Supreme Court · 1897
- Fidelity Savings Bank v. Wormhoudt Lumber CompanySupreme Court of Iowa · 1960
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
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