Legal Opinion

Wood v. Perry

Supreme Court of Iowa

Decided October 29, 1859PublishedCited by 1 opinion

Appeal from Allamakee District Court. cited 5 Ohio 444; 9 lb. 106, and the cases there cited. relied upon 2 Grreenl. Ey. sections 118 and 114; Stephens N. P. 224-326; 1 Smith’s Lead. C. 70 (marginal) and note; Touissant v. Martinet, 2 T. R. 100; Fisher v. Felloios, 5 Esp. 171; Cowell v. Edwards, 2 B. & B. 268; Turner v. Davis, 2 Esp. 478; Brown v. See, 6 B. & C. 697; Chit.

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Appeal from Allamakee District Court. cited 5 Ohio 444; 9 lb. 106, and the cases there cited. relied upon 2 Grreenl. Ey. sections 118 and 114; Stephens N. P. 224-326; 1 Smith’s Lead. C. 70 (marginal) and note; Touissant v. Martinet, 2 T. R. 100; Fisher v. Felloios, 5 Esp. 171; Cowell v. Edwards, 2 B. & B. 268; Turner v. Davis, 2 Esp. 478; Brown v. See, 6 B. & C. 697; Chit. Cont. 597; Johnson v. Johnson, 11 Mass. 356; Batchelder v. Fisk, 17 Mass. 474, 6 J. J. Marsh 62; Norton y. Coons, 2 Seld. 33-40.

1Opinion of the CourtWoodward, J.

Sheldon, Yanliew and Perry gave their promissory note, payable to one Smead, or bqjSrer. Yan-liew paid the note when past due. The plaintiff alleges that Smead then assigned the note to Yanliew, and the latter to him, (the plaintiff,) and he bases his claim upon the right of Yanliew to contribution, averring that Perry and Yanliew were sureties for Sheldon. On the trial, Perry moved for a judgment of nonsuit against the plaintiff, which was overruled, and judgment was rendered for the plaintiff.

The only point urged by the appellant in his argument, although other erro'-s are assigned, is the…

2Cases cited2 opinions

  1. Williams' Administrators v. Williams' AdministratorsOhio Supreme Court · 1832
  2. Carpenter v. KellyOhio Supreme Court · 1839

3Cited by1 opinion

  1. McAdams v. DunsonOhio Court of Appeals · 1915

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