McCramer v. Thompson
Supreme Court of Iowa
The appellants, Thompson and Sawyer, were the sureties of Monett and Chipman, upon a joint note, payable to plaintiff, dated February 1, 1861, due in six months, for $497.10. Plaintiff had a claim against the “ Lee and Des Moines Bridge Company.” Monett and Chipman leased the bridge and made this nóte to pay this debt, which they in such contract of lease had assumed. Thompson was a stockholder in the bridge company; Sawyer was not.
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The appellants, Thompson and Sawyer, were the sureties of Monett and Chipman, upon a joint note, payable to plaintiff, dated February 1, 1861, due in six months, for $497.10. Plaintiff had a claim against the “ Lee and Des Moines Bridge Company.” Monett and Chipman leased the bridge and made this nóte to pay this debt, which they in such contract of lease had assumed. Thompson was a stockholder in the bridge company; Sawyer was not. At the time they signed the note, one Tonkinson had signed it — the principal assured them that others would sign. With this understanding they procured their…
1Opinion of the CourtWright, J.
h son?13' enlmeeo0/ surety, The action of the court in admitting tie note, without evidence from plaintiff explanatory of its appearance and condition, scarcely demands attention. The subsequent proof so fully and entirely developed the whole transaction, that preliminary question ceases to be of any importance. Having the entire evidence, appellants’ liability or non-liability depends upon the consideration of *246■certain legal propositions, and, these determined, it is of no consequence whether the note was properly or improperly admitted in the first instance. We remark, also, that the…
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