15 Iowa 420 | Iowa | 1863
Two questions are raised by the defendant’s demurrer: 1st. Whether the facts stated in the petition show a breach of the bond ; and 2d. Whether the plaintiff can maintain the suit in this own name. In other words, can the defendants in this suit claim that because
The counsel of appellee are correct in their position, that the rights of sureties should be strictly guarded and that in case of doubt, the construction of bonds should be favorable to the obligor. At the same time the real intention of the parties must control such construction, if it can reasonably be arrived at from the reading of the contract in con
The demurrer should have been overruled.
Reversed.