Davis Sewing Machine Co. v. Mills
Supreme Court of Iowa
Appeal from Pavis Circuit Court. Action on a contract of guaranty. There was a verdict and judgment for the defendants. The plaintiff appeals.
1Opinion of the Court
Seevers J.-
1. contract : guaranty? notice to guarantor. I. One Boal executed a written obligation to the plaintiff, whereby he agreed to sell sewing machines for the plaintiff and account therefor upon certain terms and conditions therein specified. The due ,, , „ performance of this obligation on the part of Boal the defendants guaranteed. Notice of acceptance was expressly waived. The contract of guaranty was a continuing one, and thereunder the liability of the guarantors might be greater at one time than at another. The court instructed the jury: First, that notice of the acceptance of…
2Cases cited2 opinions
- Second National Bank v. GaylordSupreme Court of Iowa · 1872
- Rodabaugh v. PitkinSupreme Court of Iowa · 1877
3Cited by6 opinions
- Livingston v. StevensSupreme Court of Iowa · 1903
- Page v. White Sewing Machine Co.Court of Appeals of Texas · 1896
- Singer Manufacturing Co. v. LittlerSupreme Court of Iowa · 1881
- German Savings Bank v. Drake Roofing Co.Supreme Court of Iowa · 1900
- Lester Piano Co. v. RomneyUtah Supreme Court · 1912
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