Legal Opinion

Dilenbeck v. Rehse

Supreme Court of Iowa

Decided January 28, 1898PublishedCited by 1 opinion

Appeal from Ida District Court.— Hon. Z A. Church, Judge. Action to foreclose a mortgage to which the defendants interpose the plea of payment. Decree for the defendants, and plaintiff appeals. —

1Opinion of the CourtLadd, J.

— The question of fact in this case is whether Cox & Co. was agent for the plaintiff at the time the defendant Rehse paid that firm for him one thousand and thirty-three dollars and seventy-five cents, to be applied in satisfaction of a mortgage executed December 26, 1890, by defendants to the plaintiff, to secure the payment of a bond of two thousand dollars, with ten interest coupons attached, payable semi-annually. It provided for optional payments of one *750hundred dollars, or any multiple thereof, on the principal, on January 1st of any year; but, on the sixteenth of the following month,…

2Cited by1 opinion

  1. Clayton County State Bank v. McMorrowSupreme Court of Iowa · 1929

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