58 Iowa 238 | Iowa | 1882
' Eor anything that appears, then, the trial of the case as an equitable action, was satisfactory to the appellant. If we
The true idea, however, we think is, at least so far as the subsequent sureties are concerned, that Craig was not authorized to deliver the instrument after it had been altered to their prejudice. There is nothing in the nature of the transaction that can justify us in supposing that they contemplated anything of that kind. In no proper sense, then, can they be deemed parties to the instrument sued on.
III. When we come to the question as to whether the sureties can be held who signed before Geo. IT. Smith did, we find more difficulty. The bond with all the subsequent sureties released, differs in no material resqiect from the bond which the prior sureties signed.
If the understanding had been that the bond was to be delivered with their signatures and no one’s else, and afterward, and before the delivery, the signature of another person had been obtained and erased, there would be much ground for contending that the instrument was precisely their contract. But the bond had been put in circulation for the purpose of obtaining such number of signatures as Craig deemed necessary, and such number as should be found necessary to
We think that the judgment of the Circuit Court must be
Affirmed.