Ohm v. Dickerman
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. Action in equity to set aside a' confession of judgment. The plaintiff avers that it was obtained by fraud, and given for a consideration that was wholly usurious, and also avers, payment.
Read the full summary
Appeal from Winneshiek Circuit Court. Action in equity to set aside a' confession of judgment. The plaintiff avers that it was obtained by fraud, and given for a consideration that was wholly usurious, and also avers, payment. The plaintiff was indebted to the defendant upon a promissory note 'for one thousand dollars, bearing ten per cent interest-. At the time the note became - due the plaintiff applied for and obtained an extension for one year under an agreement that the plaintiff should pay fourteen per cent interest for such extension. For such interest he paid twenty dollars down, and…
1Opinion of the CourtAdams, J.
1. ttsury: confession of judgment. The case is not triable de novo, and the defendant claims that there is a conflict of evidence on all the material points, and that the judgment must, therefore, he affirmed. Upon the issue of fraud there is a conflict of evidence, but not, we think, on the issue of payment. The balance of the fourteen per cent interest represented in the confession of judgment became due February 1, 1872. The plaintiff testifies positively to the payment of it, and in this he is somewhat corroborated by another witness, who testifies to seeing the plaintiff pay the…
2Cases cited1 opinion
- Mullen v. RussellSupreme Court of Iowa · 1877
3Cited by2 opinions
- Kendig v. MarbleSupreme Court of Iowa · 1880
- Stoddard v. LloydSupreme Court of Iowa · 1890