Phillips v. W. A. Crips & Brother
Supreme Court of Iowa
Appeal from Wapello District Qourt. — HoN. Frane W. Eichelberger, Judge. ActioN on a note of ten thousand dollars, dated April 3, 1893, and payable in five years, on which three semi-annual interest payments had been made, and also to- foreclose a mortgage securing the same. The mortgage contained a condition that the' note should become due on failure to pay the interest promptly.
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Appeal from Wapello District Qourt. — HoN. Frane W. Eichelberger, Judge. ActioN on a note of ten thousand dollars, dated April 3, 1893, and payable in five years, on which three semi-annual interest payments had been made, and also to- foreclose a mortgage securing the same. The mortgage contained a condition that the' note should become due on failure to pay the interest promptly. The answer set up that the note had been materially and fraudulently altered by changing the rate of interest from seven to eight per cent., by reason of which it became void, and the defendants pray to go hence…
1Opinion of the CourtLadd, J.
1 Tbe plaintiff changed the rate of interest from 7 to 8 per cent, in the ten thousand dollar note, dated April 3, 1893, and secured by mortgage, by drawing two lines through the “seven,” with ink of a color different from that in the body of the note, and writing “eight” above it. No effort whatever was made at concealment. This was done immediately after receiving the four hundred dollar check from the defendants, April 16, 1894, and, as plaintiff insists, in pursuance of an agreement that it should be so changed, made the previous December. Interest at the rate of seven per cent, per annum…
2Cases cited6 opinions
- Eckert v. PickelSupreme Court of Iowa · 1882
- Conger v. CrabtreeSupreme Court of Iowa · 1893
- Murray v. GrahamSupreme Court of Iowa · 1870
- Grimstead v. BriggsSupreme Court of Iowa · 1857
- First National Bank v. HallSupreme Court of Iowa · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Andrew v. AndrewSupreme Court of Iowa · 1901
- Himmelberger v. Central State BankSupreme Court of Iowa · 1925
- Martin v. WhitesMissouri Court of Appeals · 1907
- Gray v. WilliamsSupreme Court of Vermont · 1917
- Hurley v. HurleySupreme Court of Iowa · 1902
5 more not listed; retrieve them via the Exa API.