Moore v. Howe
Supreme Court of Iowa
'Appeal from Cerro Gordo District Court. — Hon. O. H. Kelly, Judge. The plaintiff exchanged 210 acres of land in Moody county, S. D., for a stock of goods at Clear Lake, Iowa. The farm was incumbered, and for computed difference in value lie executed his note to defendant Howe for $1,452, payable in one year, and secured it by chattel mortgage on the stock. January 11, 1897, this mortgage was foreclosed, and the stock bid in by Howe for precisely enough to satisfy the debt.
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'Appeal from Cerro Gordo District Court. — Hon. O. H. Kelly, Judge. The plaintiff exchanged 210 acres of land in Moody county, S. D., for a stock of goods at Clear Lake, Iowa. The farm was incumbered, and for computed difference in value lie executed his note to defendant Howe for $1,452, payable in one year, and secured it by chattel mortgage on the stock. January 11, 1897, this mortgage was foreclosed, and the stock bid in by Howe for precisely enough to satisfy the debt. This action was begun April 22, 1897. In it the defendants are alleged to have conspired to obtain, and in pursuance…
1Opinion of the CourtLadd, J.
1 That the plaintiff was overmatched in exchanging his farm of 210 acres in Moody county, S. D., for the stock of goods at Clear Lake, Iowa, this record furnishes convincing proof. But such a result is likely to, and often does, occur in trades honestly conducted; and certainly this' record contains no evidence of fraud of which he may now complain. He was not wholly unsophisticated, having had 2-} years’ experience in the operation of a general store, 1 year in that of a drug store, and for a short time dealt in agricultural implements though engaged as a tiller of the land for 10 years…
2Cases cited15 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
- Ellis v. . AndrewsNew York Court of Appeals · 1874
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3Cited by23 opinions
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- Shuttlefield v. NeilSupreme Court of Iowa · 1914
- Barnes v. Century Savings BankSupreme Court of Iowa · 1913
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