Smith, Twogood & Co. v. Coopers & Clarke
Supreme Court of Iowa
Appeal from, Linn District Court. This was a proceeding to recover an amount claimed to be due upon a joint and several promissory note. The note assigned by Shinn, Boynton & Co., and the defendants, by the firm name of Coopers & Clarke; was for the sum of $6,838.90, due thirty days after date; and stipulating that “ if not paid promptly when due, we, or either of us, promise to pay a penalty of three per cent per month, after due, till paid, payable monthly.”
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Appeal from, Linn District Court. This was a proceeding to recover an amount claimed to be due upon a joint and several promissory note. The note assigned by Shinn, Boynton & Co., and the defendants, by the firm name of Coopers & Clarke; was for the sum of $6,838.90, due thirty days after date; and stipulating that “ if not paid promptly when due, we, or either of us, promise to pay a penalty of three per cent per month, after due, till paid, payable monthly.” Before suit, there had been paid, as shown by the credits on the note, the sum of $2078.65. Judgment was rendered against defendants…
1Opinion of the CourtWright, C. J.
The action was against all'the makers of a joint and several promissory note, and an attachment was asked and obtained against the property of a part of them. The affidavit sets out that Shinn, Boynton & Co. are insolvent, and that the other defendants, Coopers & Clarke, are non residents of the State. The question is, had the plaintiffs the right to an *378attachment against some of the defendants, all the others being insolvent. We are clear that they had. It was so held in Ogilvie v. Washburn, 4 G. Greene 548, and there is nothing in Courrier v. Cleghorn, 3 Ib. 523, nor in Patterson v. Stiles,…
2Cases cited3 opinions
- Dean v. WilliamsMassachusetts Supreme Judicial Court · 1821
- Bacon v. LeeSupreme Court of Iowa · 1857
- Patterson v. StilesSupreme Court of Iowa · 1858
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- Gail Ex Rel. Gail v. Western Convenience StoresSupreme Court of Iowa · 1989
- Perry Savings Bank v. FitzgeraldSupreme Court of Iowa · 1914
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