Reid, Murdock & Co. v. Bradley
Supreme Court of Iowa
Appeal from Lyon District Court. — Hon. Soott M. Ladd, Judge. Action upon a contract of guaranty. Defendant Bradley admitted the execution of an instrument of guaranty to plaintiff, but claims a mistake therein in so far as it related to any pre-existing indebtedness of the principal, and further says that the contract was obtained through fraud and misrepresentation as to its contents. He prayed for a reformation of the instrument and a dismissal of the petition.
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Appeal from Lyon District Court. — Hon. Soott M. Ladd, Judge. Action upon a contract of guaranty. Defendant Bradley admitted the execution of an instrument of guaranty to plaintiff, but claims a mistake therein in so far as it related to any pre-existing indebtedness of the principal, and further says that the contract was obtained through fraud and misrepresentation as to its contents. He prayed for a reformation of the instrument and a dismissal of the petition. The case was transferred to the equity side of , the calendar, and tried to-the court, resulting in a judgment for plaintiff.…
1Opinion of the CourtDeemer, C. J.
1'
*2232 *221— On and prior to August 23, 1893, the Hastinigs-Bradley Company, a corporation, was indebted to appellee for goods and merchandise soid and delivered in the sum of four hundred and ninety-three dollars. On that day appellant, Bradley, entered into a written contract of guaranty with appellee, the material parts of which .are .as follows: “For value received, and in consideration of the forbearance. in collection and extensions of time upon the [purchase of merchandise or advances of *222money heretofore made to, or] purchases or advances of money which may hereafter be made by or advanced to…
2Cases cited8 opinions
- McCormack v. MolburgSupreme Court of Iowa · 1876
- Wallace v. Chicago, St. Paul, Minneapolis & Omaha R'y Co.Supreme Court of Iowa · 1885
- McKinney v. HerrickSupreme Court of Iowa · 1885
- Pryce v. StatlerSupreme Court of Iowa · 1875
- Minneapolis & St. Louis Railway Co. v. CoxSupreme Court of Iowa · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Goodson & Koski v. SmithWyoming Supreme Court · 1952
- Mayo Arcade Corporation v. Bonded Floors Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Shores-Mueller Co. v. LonningSupreme Court of Iowa · 1913
- State Savings Bank v. DealSupreme Court of Iowa · 1925
- James & Haverstock v. DalbeySupreme Court of Iowa · 1899
14 more not listed; retrieve them via the Exa API.