Burrows v. Stryker
Supreme Court of Iowa
Appeal from Polh Circuit Court. Action to foreclose a mortgage executed by the defendant, John Stryker, to the De Moine Navigation & R. R. Company to secure a bond given for the purchase money of certain land. The defendant for answer admits the execution of the bond and mortgage, but denies that the plaintiff is the owner thereof.
Read the full summary
Appeal from Polh Circuit Court. Action to foreclose a mortgage executed by the defendant, John Stryker, to the De Moine Navigation & R. R. Company to secure a bond given for the purchase money of certain land. The defendant for answer admits the execution of the bond and mortgage, but denies that the plaintiff is the owner thereof. For further defense the answer avers that prior to the execution of the said bond and mortgage the said De Moine Navigation & R. R. Co. had issued a large quantity of its own bonds, and that said company agreed with the defendant, Stryker, that the said bond and…
1Opinion of the CourtAjdams, J.
í assign- • SSe:fpmctioeI. The defendant, Stryker, contends that no assignment was ever made of the bond in suit by said comPany plaintiff, and that the plaintiff is not ™ ^aci; ^ie owner of the bond. The assignment purports to be executed by one Patterson, as the deputy treasurer of the De Mo.ine Navigation & R. R. Company. The articles of incorporation and by-laws are set out and by them it does not appear that such officer as deputy 'treasurer is provided for. We are inclined to think that if the plaintiff’s title to the bond and mortgage rested upon the assignment alone, as executed by…
2Cases cited2 opinions
- Preston v. WalkerSupreme Court of Iowa · 1868
- Mann v. CrossSupreme Court of Iowa · 1859
3Cited by8 opinions
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Baxter T. BeckwithColorado Court of Appeals · 1913
- Bigelow v. BurnhamSupreme Court of Iowa · 1891
- Bernstein v. DownsCalifornia Supreme Court · 1896
- Cress v. IvensSupreme Court of Iowa · 1914
3 more not listed; retrieve them via the Exa API.