Howe v. Selby

Decided June 10, 1880

Supreme Court of Iowa · decided 1880-06-10

Action upon a promissory note drawn payable to the order of II. M. Hale, and signed by the defendants I. N. Selby, I). Webster and T. A. Morrow. The two last signed as sureties, and with the agreement that Selby was to secure the note by a chattel mortgage before lie should deliver it. Eo mortgage was ever executed, nor was the note ever delivered to Hale. It ivas delivered to the plaintiff Howe, who advanced money upon it to Selby, or for bis benefit.

Decided 1880-06-10

Adams, Ch. J.

¶1i. surety -. note. Eo liability upon this note as against Webster and Morrow could accrue except to Halo, the payee, or to some person claiming through him. Dewey v. Cochran, 4 Jones (N. C.), 184; Southerland v. Whittaker, 5 Id., 5. We have seen no case where a different rule has been held. The plaintiff does not claim through the payee, and the judgment must be

¶2Affirmed.