126 Iowa 162 | Iowa | 1904
Boylan was principal and the Milners were sureties upon the note in suit. It was in fact given to Thompson Bros., although Anderson and Bly furnished the consideration therefor by meeting a shortage of Boylan as postmaster. The exact amount of money furnished .by Anderson and Bly was something over $600. After the note was taken, it remained with Thompson Bros., the ostensible payees, who were also in fact the Hubbard State Bank, until about August 28, 1901, when it was sent to Bly, with a statement that they (Thompson Bros.) would assign it at any time to the real owners in proportion to their respective interests. Just where this note was from August 28th until August 31st is not shown, but on this last-named date Anderson and Bly separately sold and assigned their interests therein to the plaintiff, stating to him that no interest had been paid thereon. Plaintiff sent the note to a banker at Iowa Falls, who notified some of the defendants, that the entire amount called for by the note had matured, and that he wanted the same paid. August 80, 1901, the Thompsons notified one of the Milners of the amount paid to the government on account of the shortage, and directed him to remit interest to Bly or to him (Thompson), and to notify Bly, at Iowa Falls, that he had sent it. Pursuant to this notice either the Milners or Boylan immediately, and on August 31st, sent a check for the interest to W. J. Thompson, Hubbard State Bank. In April of the next year the makers, or some of them, sent the interest for the second year to the Thompson Bros, or to the bank. These checks were cashed, and none of the money received thereon has ever been re
There were some erroneous rulings on evidence, but, in view of the undisputed evidence, these rulings were without prejudice.
The motion to strike appellees’ abstract and argument is overruled.
No prejudicial error appears, and the judgment is affirmed.