Reports of Cases in Law And Equity, Determined in the Supreme Court of the State of Iowa
Reports of Cases in Law And Equity, Determined in the Supreme Court of the State of Iowa
Iowa. Supreme Court
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V. MiLLS ET AL. Surety: vabiatiox op contract: discharge op ON TO rule: bxabcplb. It is a fundamental princi- rinsipal and surety that any new coatraab up3n asaffi- 1, materially varying the original uniertaking, and principal parties without the knowledge and assent amount to a complete discharge of the surety. Bat tract is for any reason nugatory the principle does not tiere there were three obligees in a bond given t> secure : a non-negotiable contract, and two of them assignad the contract ...to the plaintiffs, and th? remaining incipals in the bond, without th3 knowledga of th*? nto a new contract, materially varying the contract vas done, presumably, with knowledge by the princi- r the rights of the assignees, and without the knowl- ' the assignees, held that such new contract was not issignees, and that it did not discharge the sureties in ality in a snit thereon by the assignees. nd: ASSIGNMENT OF MONTHLY pa YBfENTS: NATURE BS AGAINST ASSIGNOR. An assignment of the monthly 3 rent under acoal lease is not the assignment of an open J087,) but of a right under a contract; (Code.
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