Shenandoah National Bank v. Ayres
Supreme Court of Iowa
Appeal from Fremont District Court. — Hon. N. W. Macy, Judge. Action on a promissory note. There was a judgment for the plaintiff, and the defendant appeals.—
1Opinion of the Court
Granger, J. —
L. B. Latimer and C. T. Howard, as principals, made their note to one Bowen, who assigned the same to the plaintiff hank, and the defendant, L. M. Ayres, signed it as a surety. On the twelfth day of September, 1890, this suit was commenced against all of the makers, and service obtained upon Latimer and Ayres on the twelfth day of September, 1890. No service was obtained on Howard. The service was *527made for the November term of the court, 1890, it being too late for the September term, at which the notice, by its terms, was made returnable. On the tenth day of-November, 1890,…
2Cases cited1 opinion
- First National Bank v. SmithSupreme Court of Iowa · 1868
3Cited by1 opinion
- Chapman v. HoageSupreme Court of the United States · 1936