D. B. Fisk & Co. v. Rickel
Supreme Court of Iowa
Appeal from Gedar Rapids Superior Gourt. — IíoN. T. M. Giberson, Judge. Action upon a written guaranty of a certain account. Defendant demurred to the petition, which set out the facts in full. The demurrer was sustained. Plaintiff refusing to plead further, judgment was rendered in defendant’s favor for costs. Plaintiff appeals.
1Opinion of the CourtWaterman, J.
— The guaranty was in this form: “Chicago, Ill., Sept. 22, 1893. In consideration that D. B. Pish & Co., of Chicago, Ill., will and do sell to Mrs. J. W. Cook, West Union, Iowa, upon credit, sundry bills of goods from tjime to time as she may purchase or order, I, the undersigned, do hereby guaranty to said D. B. Fisk & Co. the prompt payment of all such bills a,t their maturity, — said maturity to be sixty days from date of bills; hereby waiving any and all notice of times or amounts of sales, or of defaults or delays in the payment therefor. -Not exceeding four hundred dollars. Henry…
2Cases cited7 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Rindge v. . JudsonNew York Court of Appeals · 1861
- Tootle v. ElgutterNebraska Supreme Court · 1883
- Crittenden v. FiskeMichigan Supreme Court · 1881
- Lane v. MayerIndiana Court of Appeals · 1896
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3Cited by4 opinions
- Bridgeport Malleable Iron Co. v. Iowa Cutlery WorksSupreme Court of Iowa · 1906
- Sentinel Co. v. SmithWisconsin Supreme Court · 1910
- Union Trust and Savings Bank v. State BankSupreme Court of Iowa · 1971
- West Branch State Bank v. Farmers Union ExchangeSupreme Court of Iowa · 1936