Burtis v. Cook & Sargent
Supreme Court of Iowa
Appeal from Scott District Court. The transactions out of which this suit arose, may be briefly stated as follows: Burtis, the plaintiff, had, at different times, nogotiated loans of money of the defendants, Cook & Sargent, bankers, amounting in the aggregate to some $20,000, more or less. To secure the same, Burtis conveyed to George B. Sargent, one of the defendants, by deed absolute in form, nearly six thousand acres of land, situated in this State.
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Appeal from Scott District Court. The transactions out of which this suit arose, may be briefly stated as follows: Burtis, the plaintiff, had, at different times, nogotiated loans of money of the defendants, Cook & Sargent, bankers, amounting in the aggregate to some $20,000, more or less. To secure the same, Burtis conveyed to George B. Sargent, one of the defendants, by deed absolute in form, nearly six thousand acres of land, situated in this State. This conveyance was intended to be a mortgage or deed of trust, as shown by a written defeasance pr agreement, contemporaneously executed…
1Opinion of the Court
Lowe, J. —
The nature of this controversy, and the result of its determination below, is presented in the statement of the case; in the retrial thereof here, our first inquiry will be as to plaintiff’s indebtedness to Cook & Sargent, including the Mervin judgment. The whole amount, after purging the claim of its usury, was by the court below’fixed at $25,056.43. The correctness of this finding is not seriously controverted, except that it is claimed by the defendants that the Mervin judgment is an indebtedness do John 0. Sargent, instead of the firm of Cook & Sargent. The usury which infected…
2Cases cited11 opinions
- Murray v. LylburnNew York Court of Chancery · 1817
- McJilton v. LoveIllinois Supreme Court · 1851
- Greene v. HatchMassachusetts Supreme Judicial Court · 1815
- Ford v. StuartNew York Supreme Court · 1822
- Davis v. MilburnSupreme Court of Iowa · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Cottle v. ColeSupreme Court of Iowa · 1866
- Osborn v. CloudSupreme Court of Iowa · 1867
- Isett v. LucasSupreme Court of Iowa · 1864
- DeLaval Separator Co. v. SharplessSupreme Court of Iowa · 1907
16 more not listed; retrieve them via the Exa API.