Lauman, Hedges & Co. v. Nichols
Supreme Court of Iowa
Appeal from Des Moines District Court. Suit upon a promissory note signed by all the defendants as principals, payable to “The Des Moines County Savings Association,” and assigned to plaintiffs.
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Appeal from Des Moines District Court. Suit upon a promissory note signed by all the defendants as principals, payable to “The Des Moines County Savings Association,” and assigned to plaintiffs. Starkey and Eobinson answer, admitting the execution of the note, but claim that they signed the same as sureties of the defendant, Nichols; and that the plaintiffs were advised of this fact when they purchased said note; that plaintiffs, at the maturity of the note, for a valuable consideration, extended the time of payment thereof to the said Nichols, without their knowledge or consent; that shortly…
1Opinion of the Court
Baldwin, Ch. J.
The questions for the jury to determine, under the pleadings and evidence, were: 1st. Did the defendants, Starkey and Robinson, sign the note as sureties ? 2d. Did the plaintiffs know this fact when they extended the time of payment to Nichols ? 3d. Did the plaintiffs, for a valuable consideration, make such extension without the consent of the sureties ? These appear to have been the controverted points in the casein the Court below.
The instructions asked by the plaintiffs and refused by the Court, contain abstractly many true propositions of law, and if hypothecated upon a…
2Cases cited1 opinion
- Kelly v. GillespieSupreme Court of Iowa · 1861
3Cited by6 opinions
- Gillett v. TaylorUtah Supreme Court · 1896
- McAreavy v. MagrilSupreme Court of Iowa · 1904
- Federal Land Bank v. ChristiansenSupreme Court of Iowa · 1941
- Coffey v. . ReinhardtSupreme Court of North Carolina · 1894
- Coffey v. . ReinhardtSupreme Court of North Carolina · 1894
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