Legal Opinion

Davis Sewing Machine Co. v. Mills

Supreme Court of Iowa

Decided March 25, 1881PublishedCited by 6 opinions

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

  1. Second National Bank v. GaylordSupreme Court of Iowa · 1872
  2. Rodabaugh v. PitkinSupreme Court of Iowa · 1877

3Cited by6 opinions

  1. Livingston v. StevensSupreme Court of Iowa · 1903
  2. Page v. White Sewing Machine Co.Court of Appeals of Texas · 1896
  3. Singer Manufacturing Co. v. LittlerSupreme Court of Iowa · 1881
  4. German Savings Bank v. Drake Roofing Co.Supreme Court of Iowa · 1900
  5. Lester Piano Co. v. RomneyUtah Supreme Court · 1912

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