Kilbourne v. State Savings Institution of St. Louis

THIS case was brought up by writ of error from the District Court of the United States for the district of Iowa.

It was an action brought by way of petition by the State Savings Institution in Missouri, against Edward Kilbourne, R. B. Foote, Coleman & Foote, Anson L. Deming, and Henry K. Love, citizens of the State of Iowa, upon a bill of exchange for $1,410.37, drawn by Coleman & Foote upon Edward Kilbourne, payable to the order of R. B. Foote, one hundred and twenty days after date, and which passed, by endorsement, to the State Savings Institution of St. Louis; afterwards, there were consolidated with this suit two others, one upon a bill for $1,526.23, and a third upon a bill for $3,000. The judgment of the court was as follows:

It is therefore considered by the court that plaintiffs recover of said Coleman & Foote and Edward Kilbourne, as principals, and R. B. Foote, A. L. Deming, and H. K. Love, sureties, the sum of $6,440 aforesaid, with their costs in this behalf expended, to be taxed by the clerk.

The defendants sued out a writ of error, and brought the case up to this court.

Mr. Blair and Mr. Polk, for the defendants in error, moved to dismiss the writ, upon the ground that it was merely sued out for delay.

Mr. Justice WAYNE delivered the opinion of the court.