Bonsall v. Taylor
Supreme Court of Iowa
Appeal from the Muscatine District Court. This was an action to recover the amount of a promissory note, and to establish a mechanic’s lien on lot unmber ten, in block sixty-two, in the city of Muscatine, commenced on the 27th day of April, 1857. The note reads as follows : “Muscatine, Iowa, April, 6,1857. Fifteen days after date, I promise to pay to the order of George ~W. Bonsall one hundred and sixty-seven dollars and eighty cents, for value received, without defalcation…
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Appeal from the Muscatine District Court. This was an action to recover the amount of a promissory note, and to establish a mechanic’s lien on lot unmber ten, in block sixty-two, in the city of Muscatine, commenced on the 27th day of April, 1857. The note reads as follows : “Muscatine, Iowa, April, 6,1857. Fifteen days after date, I promise to pay to the order of George ~W. Bonsall one hundred and sixty-seven dollars and eighty cents, for value received, without defalcation or discount, negotiable and payable at the banking house of Isett & Brewster. This note is given for materials furnished…
1Opinion of the CourtStockton, J.
The promissory note for the materials furnished, is payable fifteen days after date. In the absence of any other evidence of the time when the bricks were to be paid for, we must ascertain the time from the note, as furnishing the only evidence of the agreement of the parties as to the time of payment.
The action for the lien, must be commenced within one year from the time payment should have been made, by virtue of the contract under which the lien is claimed. Code, section 984. In this view of the law of the case, it does not matter that the action was not commenced within one year from the…
2Cited by3 opinions
- Jones v. Swan & Co.Supreme Court of Iowa · 1866
- Bissell v. LewisSupreme Court of Iowa · 1881
- Hale v. B., C. R. & N. R. Co.United States Circuit Court · 1881