Elmore v. Higgins
Supreme Court of Iowa
Appeal from Tama District Court. This is a proceeding to foreclose a mortgage executed by the defendants, Amando D. Higgins and Mary T., bis wife, to secure the payment of- a promissory note made by Amando D. Higgins to the plaintiff. The petition, was in the ordinary form. • The ánswer contained two counts. In the first, the defendant admitted the making and execution of the -note and mortgage.
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Appeal from Tama District Court. This is a proceeding to foreclose a mortgage executed by the defendants, Amando D. Higgins and Mary T., bis wife, to secure the payment of- a promissory note made by Amando D. Higgins to the plaintiff. The petition, was in the ordinary form. • The ánswer contained two counts. In the first, the defendant admitted the making and execution of the -note and mortgage. The second count pleaded facts intended to deny tbe plaintiff’s right to a personal judgment, and a general execution for any balance which might remain after exhausting the mortgaged estate. The…
1Opinion of the CourtDillon, J.
Ltrwtraíieous,0’ me!!.' That the cotemporary indorsement on the back of the note became part of it, binding upon the P^ies and qualifying and restricting their contract (2 Pars, on N. & B., 539, et seq., and cases), and that in construing the contract, the note and indorsement and mortgage are to be taken by the corners, and effect given to every expression, if this can fairly be done (Id., 542; Chitty on Cont., 70), are propositions elementary in their character and not controverted by counsel.
2. — contract construod. Looking at the subject matter of the contract, and keeping in view the…
2Cited by17 opinions
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- Mealey v. KanealySupreme Court of Iowa · 1939
- State v. StrattonSupreme Court of Iowa · 1869
- Seeger v. ManifoldSupreme Court of Iowa · 1930
- Heaton v. AinleySupreme Court of Iowa · 1899
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