Capital Savings Bank & Trust Co. v. Swan
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. George W. Wakefield, Judge. Action in equity to recover the amount due on a promissory note, and for the foreclosure of a mortgage given to secure its payment. Judgment was rendered by' default against the defendant, F. C. Swan. The judgment and default were set aside on his application, and' he filed an answer, to which the plaintiff demurred, and the demurrer was overruled.
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Appeal from Woodbury District Court. — Hon. George W. Wakefield, Judge. Action in equity to recover the amount due on a promissory note, and for the foreclosure of a mortgage given to secure its payment. Judgment was rendered by' default against the defendant, F. C. Swan. The judgment and default were set aside on his application, and' he filed an answer, to which the plaintiff demurred, and the demurrer was overruled. The plaintiff elected to stand upon its demurrer, and judgment was rendered in favor of Swan for costs, and the plaintiff appeals.
1Opinion of the CourtBobinson, J.
1 The plaintiff is the owner of a promissory note, of which the following is a copy: “$800.00. Sioux City, Iowa, November 10th, 1891. On or before five years after date, we promise to pay to the order of W. E. Higman eight hundred dollars at our office in Sioux City, value received, with interest at eight per cent, after maturity. If this note is not paid at maturity, the undersigned agree to pay reasonable expenses of collection,' including attorney’s fees. Merchants Loan & Trust Company, Sioux City, Iowa, by W. E. Higman, President. F. C. Swan, Sec’y & Treas.” The mortgage given to secure…
2Cases cited15 opinions
- Metcalf v. WilliamsSupreme Court of the United States · 1881
- Lee v. PercivalSupreme Court of Iowa · 1892
- J. T. Mathews & Co. v. Dubuque Mattress Co.Supreme Court of Iowa · 1893
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- Perry v. City of Cedar FallsSupreme Court of Iowa · 1893
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