J. I. Case Threshing Machine Co. v. Van Vors
Supreme Court of Iowa
Appeal from Dubuque District Court. — D. E. Maguire, Judge. The plaintiff suing on notes confessedly made by the defendant, the latter urged, in answer, that he should be relieved from all liability, because of certain alleged misconduct of the plaintiff in foreclosing a mortgage given to secure the note sued on. Demurrer to the answer was overruled. There was judgment for costs against the plaintiff, and it appeals. —
1Opinion of the CourtSalinger, J.
— I. The defendant, Van Vors, delivered a series of notes to the plaintiff, as the purchase price of a machine purchased from plaintiff. The notes were secured by a chattel mortgage upon the machine. These notes were payable at the First National Bank of Dubuque, which is the post-office address of the maker and defendant. Subsequently, defendant, with the consent of plaintiff, sold this machine, and the buyer removed it to Wisconsin. The chattel mortgage had provision, among others, that:
“If default be made in the payment of the mortgage debt, or if the mortgagee shall at any time deem…
2Cases cited14 opinions
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Fuller v. Tomlinson Bros.Supreme Court of Iowa · 1882
- Geiser Manufacturing Co. v. KrogmanSupreme Court of Iowa · 1900
- Stein v. McAuleySupreme Court of Iowa · 1910
- Haywood v. SeeberSupreme Court of Iowa · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- First National Bank v. G. R. Wood, Inc.New Jersey Superior Court Appellate Division · 1965