Keater v. Hock, Musser & Co.
Supreme Court of Iowa
Appeal from Johnson District Court Dependants are sued as indorsers of a negotiable pro- \ missory note. From the pleadings it appears, that plaintiffs sought in the first- instance to make defendants liable, upon the ground that they had used due diligence in the prosecution of a suit against the maker, and had been unsuc: cessful, &c.
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Appeal from Johnson District Court Dependants are sued as indorsers of a negotiable pro- \ missory note. From the pleadings it appears, that plaintiffs sought in the first- instance to make defendants liable, upon the ground that they had used due diligence in the prosecution of a suit against the maker, and had been unsuc: cessful, &c. To this petition there was a demurrer, which was sustained, from which ruling plaintiffs appealed to this court, where the said judgment was affirmed. 11 Iowa, 536. Plaintiffs thereupon filed their petition, upon the same cause of action, alleging due demand…
1Opinion of the CourtWright, C. J.
Whether the petition to which the defense, now under consideration, was interposed, was filed in the same case formerly before us, after it had been remanded, or whether plaintiffs commenced a new action, does not clearly appear from the present record. From the view we take of the question, however, it is not material, for in either event we think the demurrer should have been sustained, and the judgment, as a consequence, must be reversed.
By reference to this case, as reported in 11 Iowa, 536, it will be found that we hold that section 3, chapter 108, Laws 1853, repealed section 955 of the…
2Cases cited5 opinions
- Perkins v. MooreSupreme Court of Alabama · 1849
- Delany v. ReadeSupreme Court of Iowa · 1856
- Stevens v. DunbarIndiana Supreme Court · 1820
- Winston v. McCormickIndiana Supreme Court · 1848
- Keater v. HockSupreme Court of Iowa · 1861
3Cited by9 opinions
- Liken v. ShafferDistrict Court, N.D. Iowa · 1946
- Terre Haute & Indianapolis Railroad v. State ex rel. KetchamIndiana Supreme Court · 1902
- Frye v. MileyWest Virginia Supreme Court · 1903
- Woodward v. JacksonSupreme Court of Iowa · 1892
- Wapello State Savings Bank v. ColtonSupreme Court of Iowa · 1909
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