121 Iowa 570 | Iowa | 1902
Lead Opinion
Supplemental Opinion, October, 28, 1903.
Rehearing
In a petition for rehearing counsel for appellant urged that some of the objections argued by him were not noticed by the court in the opinion. Thereupon a rehearing was granted, and the case has been resubmitted, with additional arguments on each side. We still adhere to the views expressed in the first opinion, but deem it proper to consider some further contentions of appellant.
Further, it is urged that all the obligations of the-Mason Hand Lathe Company to plaintiff, for which plaintiff seeks to hold W. E. Mason as indorser, are renewals,, executed after the security note was accepted; and that, as W. E. Mason was practically a guarantor only, he was-released by the extension of time given by such renewals. But the agreement was for a continuing guaranty, and by its terms it was applicable to new indebtedness. Therefore, renewals were covered as fully as existing indebtedness or indebtedness newly created. This is the construction which all the parties put on the transaction. W. E. Mason fully acknowledged his liability long after he must have known that any obligations of the Mason Hand Lathe Company to plaintiff were renewals executed after the security note had been transferred by him to plaintiff.