Sessions v. Rice
Supreme Court of Iowa
■A-jppeal from Polle Circuit Court. ActioN upon a promissory note signed by the defendants I. N. Rice & Co. and E. R. Mason. There was a trial to the court, and judgment was rendered for the plaintiff. The defendant E. R. Mason appeals.
1Opinion of the Court
Adahs, Cii. J.
The defendant Mason pleaded,, in substance, that he was merely surety upon tbe note, and that I. *307N. Eice & Co. were principals; that after the maturity of the note the responsibility of tbe principal makers became doubtful, though they had still sufficient property to pay the note; that, while they were in this condition, he inquired of the plaintiff as to whether the note had been paid, and was told that it had; that he relied upon this statement, and took no steps to protect himself, as he might have done; that after-wards the principal maker became insolvent, and unable to…
2Cases cited2 opinions
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
3Cited by12 opinions
- State v. MarshallSupreme Court of Iowa · 1898
- Helwig v. FogelsongSupreme Court of Iowa · 1914
- Kirchman v. Standard Coal Co.Supreme Court of Iowa · 1901
- Hart v. WorthingtonSupreme Court of Iowa · 1947
- Hamaker v. JohnsonSupreme Court of Iowa · 1925
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