Jones v. Ireland
Supreme Court of Iowa
Appeal from the Jones District Court. Petition to foreclose a mortgage. The plaintiff claims as assignee and holder of a note given by defendant, dated August 29th, 1853, payable eighteen months after date, to J. H. Merritt, or bearer, for five hundred dollars, with ten per cent. interest from date.
Read the full summary
Appeal from the Jones District Court. Petition to foreclose a mortgage. The plaintiff claims as assignee and holder of a note given by defendant, dated August 29th, 1853, payable eighteen months after date, to J. H. Merritt, or bearer, for five hundred dollars, with ten per cent. interest from date. He alleges, that Merritt sold to defendant certain lands, for eighteen hundred dollars, and that to secure the payment of the purchase money and ten per cent. interest, defendant mortgaged the land back to Merritt; and that three promissory notes were given, which the condition of the mortgage was…
1Opinion of the CourtStockton, J.
The issue to be tried was, whether the note sued on was the note of the defendant. The affirmation of this issue, lay on the plaintiff, and to establish it, 'he gave in evidence to the j ury, the note and mortgage sued on. The defendant thereupon demurred to the evidence, and the cause of demurrer alleged is, “that the note given in evidence, had the words ten per cent written in it, in different ink from the body of the instrument, and the signature of the maker.” ' The demurrer was sustained by the court, because the plaintiff, being ruled by the court so to do, offered no evidence to clear…
2Cases cited1 opinion
- Bailey v. TaylorSupreme Court of Connecticut · 1836
3Cited by9 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- Hagan v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1890
- Christie v. BarnesSupreme Court of Kansas · 1885
- Harris v. Bank of Jacksonville & Maxfield & Co.Supreme Court of Florida · 1886
- Plant v. EdwardsIndiana Supreme Court · 1882
4 more not listed; retrieve them via the Exa API.