Haywood v. Seeber
Supreme Court of Iowa
Appeal from Clinton Circuit Court. Action to foreclose a mortgage securing a promissory note. The plaintiffs appeal from a judgment of the circuit court overruling a demurrer to defendant’s answer. The pleadings are set out in the opinion.
1Opinion of the CourtBeck, J.
— I. The petition shows that plaintiffs are the indorsees of the negotiable promissory note, and the assignees of the mortgage securing it, which are the foundation of the action, and that the transfers were made after the maturity of the note. The answer alleges that defendants made payment in full of the note to the payee before they had notice of the transfer thereof to plaintiffs. The plaintiffs demurred" *575to tbe answer, on the ground that “it is not therein alleged that the note and mortgage sued on, or any part thereof, had been paid prior to the time said note was indorsed and…
2Cases cited2 opinions
- Downing v. GibsonSupreme Court of Iowa · 1880
- Martindale v. BurchSupreme Court of Iowa · 1881
3Cited by13 opinions
- Coralville Hotel Associates, L.C. v. City of CoralvilleSupreme Court of Iowa · 2004
- Skains v. BarnesSupreme Court of Alabama · 1910
- Turner v. WoodruffSupreme Court of Iowa · 1921
- Yarger v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1889
- Muir v. MillerSupreme Court of Iowa · 1891
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