Legal Opinion

Smith, Twogood & Co. v. Coopers & Clarke

Supreme Court of Iowa

Decided October 20, 1859PublishedCited by 24 opinions

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

  1. Dean v. WilliamsMassachusetts Supreme Judicial Court · 1821
  2. Bacon v. LeeSupreme Court of Iowa · 1857
  3. Patterson v. StilesSupreme Court of Iowa · 1858

3Cited by24 opinions

  1. Viele v. Germania InsuranceSupreme Court of Iowa · 1868
  2. State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
  3. Preston v. WalkerSupreme Court of Iowa · 1868
  4. Gail Ex Rel. Gail v. Western Convenience StoresSupreme Court of Iowa · 1989
  5. Perry Savings Bank v. FitzgeraldSupreme Court of Iowa · 1914

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