Security Savings Bank v. Smith
Supreme Court of Iowa
Appeal from Washington District Court. — Hon. E. E. Willcockson, Judge. Action at law upon promissory note. Judgment for defendant, and plaintiff appeals. An opinion affirming said judgment was handed down by this court on ^February 17, 1909. On petition for rehearing it has been made to appear that certain features of the record were overlooked in our review of the case, and said opinion is therefore withdrawn, and the following is substituted therefor.
1Opinion of the CourtWeaver, J.
The note in suit is for the principal sum of $1,000, payable March 1, 1903, and is signed by II. B. Kreger, E. E. Smith and A. L. Palmer; the first named being the principal debtor and the last two his sureties. Kreger, though named as a defendant in the action, was not served with notice, and has not appeared thereto. The sureties make defense, denying liability on the note, and plead matters by which they claim plaintiff is estopped from maintaining the action. These grounds, stated as briefly as practicable, are as follows: Eirst, that they were deceived and misled into becoming sureties…
2Cases cited8 opinions
- United States v. City Bank of ColumbusSupreme Court of the United States · 1859
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Southgate v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Young v. HudsonSupreme Court of Missouri · 1889
- Stebbins v. LardnerSouth Dakota Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sherman v. SmithSupreme Court of Iowa · 1918
- Skud v. TillinghastCourt of Appeals for the Sixth Circuit · 1912
- In Re Estate of CarpenterSupreme Court of Iowa · 1930
- Kuper v. Chicago & North Western Transportation Co.Supreme Court of Iowa · 1980
- Parker v. HerronIdaho Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.