Daniels v. Gower
Supreme Court of Iowa
Appeal from Tama District Court. Action upon a non-negotiable promissory note signed by tbe defendant Gower as principal, and by the defendants Beem, "Weaver, Sell and Ineeh as sureties. Gower was not served with notice.
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Appeal from Tama District Court. Action upon a non-negotiable promissory note signed by tbe defendant Gower as principal, and by the defendants Beem, "Weaver, Sell and Ineeh as sureties. Gower was not served with notice. Beem, "Weaver and Sell aver, for answer, that they signed the note while in the hands of one Stoller, and with the agreement that it should not be delivered unless the signature of one Blajok should be obtained, and that the signature of Blajok never was obtained. The defendant Inech avers for answer that he signed the note after it had been signed by Beem, Weaver and Sell;…
1Opinion of the CourtAdams, J.
1. promtssurety^cis-1 Rvery. The note was given for a steam boiler and engine, sold to the defendant Gower. The sale was negotiated with Gower by one Reily. Whether Reily was acting for himself, or as the agent of t]ie plaintiffs, was a question raised upon the trial, and submitted specially to the jury. They found that he was acting for the plaintiffs. The correctness of this finding is questioned, but in the view which we take of the case it is not material.
The principal question in the case arises upon the correctness of the eleventh instruction given by the court, which is in these words:…
2Cases cited7 opinions
- The People v. . BostwickNew York Court of Appeals · 1865
- Pepper v. State ex rel. HarveyIndiana Supreme Court · 1864
- Passumpsic Bank v. GossSupreme Court of Vermont · 1858
- Smith v. MoberlyCourt of Appeals of Kentucky · 1850
- Ayres v. MilroySupreme Court of Missouri · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Taylor County v. KingSupreme Court of Iowa · 1887
- Mitchell v. Altus State BankSupreme Court of Oklahoma · 1912
- Carroll County v. RugglesSupreme Court of Iowa · 1886
- Sawyer v. CampbellSupreme Court of Iowa · 1899
3 more not listed; retrieve them via the Exa API.