Troy Portable Grain Mill Co. v. Bowen & Co.
Supreme Court of Iowa
Appeal from the Scott District Court. This action is'brought upon a promissory note, made by Bowen & Co., to-.the .order of .Nichols,;Loomis &■ Co., and- ' assigned to plaintiffs. The note purports to have been executed at Iowa City, and is payable at a banking house in that city. Upon the back of the note is the following : “For value received, we hereby guarantee the payment of the within note, and waive demand and protest. Andrews & Shelley.”
Read the full summary
Appeal from the Scott District Court. This action is'brought upon a promissory note, made by Bowen & Co., to-.the .order of .Nichols,;Loomis &■ Co., and- ' assigned to plaintiffs. The note purports to have been executed at Iowa City, and is payable at a banking house in that city. Upon the back of the note is the following : “For value received, we hereby guarantee the payment of the within note, and waive demand and protest. Andrews & Shelley.” Bowen & Co., and the guarantors, Andrews & Shelley, are the defendants. The suit was commenced in Scott, and service made upon the makers in Johnson…
1Opinion of the CourtWright, C. J.
If necessary at this time, to determine the right of the plaintiffs to join the makers and guarantors as defendants, in the same action, we should probably fail to unite in opinion. As the case does not call for it, therefore, we pass the question, until its decision becomes necessary. We concur in the opinion that the objection cannot be made, or legitimately raised, on a motion to change the venue. The proper practice is to demur for misjoinder of parties. This action was properly brought, *467'therefore, in Scott county, unless some one, or all of the other positions assumed by appellants, are…
2Cited by7 opinions
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
- Lessenich v. SellersSupreme Court of Iowa · 1903
- Baldwin v. MungerSupreme Court of Iowa · 1925
- Lamkin v. LamkinSupreme Court of Iowa · 1916
- Mayer v. WoodburySupreme Court of Iowa · 1862
2 more not listed; retrieve them via the Exa API.