Spring Garden Insurance v. Lemmon
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon.. John T.. Scott, Judge. The defendant Lemmon was agent for plaintiff company at Oskaloosa. As such agent hé gave a bond to .secure plaintiff for any moneys belonging to it...which.might come into his hands. Defendants Price and Geneva were sureties thereon. This action is brought on such bond to recover a balance due from Lemmon. There was a directed verdict for plaintiff, and from the judgment rendered thereon defendants appeal. —
1Opinion of the Court
Waterman, J. —
Lemmon was not served with notice.of this action, and does not appear. The sureties set up as a defense that they signed the bond without reading, at Lemmon’s request, and upon his statement that it was a. recommendation, to be used in enabling him to secure the-agency of defendant company, and imposed mo liability on the signers; that the bond contained no fixed penalty when signed, and the amount of $300 was thereafter inserted by some person without the knowledge or consent of defendants ; and that a certificate of acknowledgment was after-wards added, although neither of…
2Cases cited6 opinions
- McCormack v. MolburgSupreme Court of Iowa · 1876
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
- Bannister v. McIntireSupreme Court of Iowa · 1900
- Church v. NobleIllinois Supreme Court · 1860
- Treasurer of the State Lunatic Asylum v. DouglasSupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Preston v. HowellSupreme Court of Iowa · 1934
- Blossi v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Proctor v. HanselSupreme Court of Iowa · 1928
- Crum v. McCollumSupreme Court of Iowa · 1930
- Natl. Union Fire Ins. Co. v. PeckCourt of Appeals of Texas · 1927
5 more not listed; retrieve them via the Exa API.