Legal Opinion

Farmers & Merchants Bank v. Daiker

Supreme Court of Iowa

Decided December 18, 1911PublishedCited by 6 opinions

Appeal from Sac District Gourt. — Hon. Z. A. Church, Judge. Action at law upon three promissory notes. At the close of the evidence, a motion by plaintiff for a directed verdict in its favor was sustained, and defendants appeal. The material facts are stated in the opinion.

1Opinion of the CourtWeaver, J.

The notes sued upon are three in number; two of them being each for the principal sum of $1,000, and the third for the principal sum of $1,500. They all bear date July 5, 1909, and fall due July 5, 1912. Each provides for interest at the rate of 8 percent, payable annually, and that a failure to pay any of said interest-within five days after due shall, at the option of said obligee or his legal representatives, cause the whole note to become due and collectible at once without notice.” This action was begun October 8, 1910; the petition alleging that defendants had defaulted in the payment…

2Cases cited5 opinions

  1. Lowenstein v. PhelanNebraska Supreme Court · 1885
  2. Watts v. CreightonSupreme Court of Iowa · 1892
  3. Richardson v. WarnerUnited States Circuit Court · 1886
  4. Jones v. DeMossSupreme Court of Iowa · 1911
  5. McCarthy v. BenedictNebraska Supreme Court · 1911

3Cited by6 opinions

  1. Dunn v. General Equities of Iowa, Ltd.Supreme Court of Iowa · 1982
  2. Wentland v. StewartSupreme Court of Iowa · 1945
  3. Collins v. NagelSupreme Court of Iowa · 1925
  4. Hakes v. FrankeSupreme Court of Iowa · 1930
  5. Jewell v. LogsdonSupreme Court of Iowa · 1925

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