Manker v. Phoenix Loan Ass'n
Supreme Court of Iowa
Appeal from Taylor District Court.— Hon. H. M. Towner, J udge. This case, and the ease of JohnWyckoff against the same defendants, submitted with it, are suits in equity to recover money paid as usurious interest, and asking tire cancellation of certain evidences of indebtedness and mortgages given to secure the same, to the defendant association. In each case the receivers of the association are named as defendants.
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Appeal from Taylor District Court.— Hon. H. M. Towner, J udge. This case, and the ease of JohnWyckoff against the same defendants, submitted with it, are suits in equity to recover money paid as usurious interest, and asking tire cancellation of certain evidences of indebtedness and mortgages given to secure the same, to the defendant association. In each case the receivers of the association are named as defendants. In the Member Case the defendants answered generally, while in the Wyckoff Case the .receivers alone answer. The cases were tried together below, and there was a decree for each…
1Opinion of the Court
Sherwin, J.—
The evidence in these cases was not pi*e-served, and we have nothing before us but the pleadings.and decrees. The defendants plead, that they axe a building and loan association authorized to transact business in this State, and that the plaintiffs were members of the association and stockholders therein, and as such borrowed the money upon which the payments, stated were made, and that the rate of interest paid was not usurious. There was a counterclaim in each case, asking the foreclosure of the mortgage given to the association. It was decreed in each cáse that the defendant…
2Cases cited9 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Kinney v. CrockerWisconsin Supreme Court · 1864
- Hills v. ParkerMassachusetts Supreme Judicial Court · 1873
- Mulcahey v. StraussIllinois Supreme Court · 1894
- Paige v. SmithMassachusetts Supreme Judicial Court · 1868
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- Baker v. Denver Tramway Co.Supreme Court of Colorado · 1922
- National Ben. Life Ins. Co. v. Shaw-Walker Co.Court of Appeals for the D.C. Circuit · 1940
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- Miller v. EverestSupreme Court of Iowa · 1973
- Reed v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1919
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