Legal Opinion

Nichols v. Marshall

Supreme Court of Iowa

Decided May 22, 1899PublishedCited by 2 opinions

Appeal from Polh District Court. — HoN. T. E. Stevenson, Judge. Action at law upan a promissory note signed by defendant as surety for Milton W. Gregory. Tbe trial court sustained a demurrer to plaintiff’s petition, and plaintiff appeals.

1Opinion of the CourtDeeMeb, J.

— Defendant is a married woman domiciled in this state. On or about tbe ninth day of July, 1894, sbe signed tbe note in suit, in tbe state of Indiana, at which place sbe was temporarily visiting, as surety for Milton W. Gregory. Tbe note was made payable at tbe Indiana National Bank of Indianapolis. Tbe laws of Indiana (section 6964, Burns’ Bev. St.) provide that “a married woman shall not enter into any contract of suretyship, whether as indorser, guarantor, or in any other manner; and such contract, as to her, shall be void.” It is insisted on behalf of appellant that as defendant was…

2Cases cited8 opinions

  1. Ross v. RossMassachusetts Supreme Judicial Court · 1880
  2. Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
  3. Arnold v. PotterSupreme Court of Iowa · 1867
  4. Boyd v. EllisSupreme Court of Iowa · 1860
  5. Baum v. BirchallSupreme Court of Pennsylvania · 1892

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3Cited by2 opinions

  1. Taylor v. LeonardCourt of Appeals of Texas · 1925
  2. Brown v. Wm. Pearson Co.Supreme Court of Iowa · 1915

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