102 Iowa 109 | Iowa | 1897
— Elliott, who was principal in the», bond, is not a party to the suit. There is no liability in the case unless the bond is valid as to the defendant. ■ Defendant admits that he signed his name to the bond as surety, but that it was never delivered with his knowledge or consent. He says, in his answer, that the bond was presented to him for his signature, and that it was agreed that the bond was not to be delivered to plaintiff unless one Morrison should become a co-surety thereon with defendant; and he further says that Morrison’s signature was not obtained thereto. Defendant introduced evidence directly in support of such plea, and the court instructed the jury to the effect that, if the plea was sustained by the proofs, there could be no recovery. It affirmatively appears that Morrison’s name is not to the bond. The jury answered in the negative the following' interrogatory submitted by the court: “Did Lyman Cole deliver the bond sued on to the plaintiff, or authorize the delivery thereof, without the signature of Morrison thereto?” This cause was tried in