Laub v. Rudd
Supreme Court of Iowa
Appeal from, Crawford District Court. Saturday, December 13. Action upon anote executed by Sidney R. Rudd and S. E. Dow, for tbe sum of $160, payable to Lewis Jackson or bearer. Tbe defendant S. E. Dow alone was served with notice and filed an answer.
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Appeal from, Crawford District Court. Saturday, December 13. Action upon anote executed by Sidney R. Rudd and S. E. Dow, for tbe sum of $160, payable to Lewis Jackson or bearer. Tbe defendant S. E. Dow alone was served with notice and filed an answer. The cause was tried by the court, and a finding of facts, which is fully supportedTy the evidence, was made as follows: That the defendant S. E. Dow signed the note in suit at the request of defendant Sidney R. Rudd, as his surety, and with the understanding and agreement between them that the note was to be given to Lewis Jackson for a yoke of…
1Opinion of the CourtDay, J.
I. This case does not essentially differ from Gage v. Sharp, 24 Iowa, 15. The plaintiff knew that the expectation was that the note would be given to Jackson for a yoke of cattle, and he suspected that Dow was a surety thereon. He did not know that Dow was to have a chattel mortgage on the Jackson cattle, and hence he had no reason to suppose that the Jackson cattle alone were to be purchased, or that the note was to be transferred to Jackson only. In terms the note was payable to Jackson or bearer. No fact was brought to the knowledge of plaintiff from which he could suppose that Dow had any…
2Cases cited1 opinion
- Gage v. SharpSupreme Court of Iowa · 1867
3Cited by2 opinions
- State Solicitors' Co. v. SavageSupreme Court of Florida · 1897
- Mullins v. Bank of BlaineCourt of Appeals of Kentucky (pre-1976) · 1927