Howe Machine Co. v. Snow
Supreme Court of Iowa
Appeal from Polk Cvrewit Court. Action upon a bond made April 23, 1870, by T. C. Snow, as principal, and B. N. Kinyon as surety, to the Howe Machine Company. The condition of the bond was, that Snow, who had been appointed agent at Des Moines for said Howe Machine Company, should well and truly pay every indebtedness or liability in any manner incurred by said Snow to said company, etc.
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Appeal from Polk Cvrewit Court. Action upon a bond made April 23, 1870, by T. C. Snow, as principal, and B. N. Kinyon as surety, to the Howe Machine Company. The condition of the bond was, that Snow, who had been appointed agent at Des Moines for said Howe Machine Company, should well and truly pay every indebtedness or liability in any manner incurred by said Snow to said company, etc. The breach alleged was the non-payment of one note dated June 1,1870, for $1,366.63, payable in four months, made by Snow to said company, and another like note for $1,511.68, dated July 1, 1870, payable in…
1Opinion of the CourtCole, J.
I. Very much of appellants’ argument is devoted to the questions of the capacity of the plaintiff to sue — to the identity of plaintiff with the payee in the' bond — and the power to contract, etc. The plaintiff is “ The Howe Machine Company.” It is averred in the petition that the plaintiff is a corporation existing under and by virtue of the laws of the State of Connecticut. The bond is executed to “ The Howe Machine Company of the city of New York;” but its conditions are for the payment, etc., to “ The Howe Machine Company.” One witness for plaintiff testifies, that all these are one and…
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