Duncan v. Miller
Supreme Court of Iowa
Appeal from Monroe District Oourt. Action to foreclose a mortgage executed by the defendants. Miller and wife. The defendants, Adams & Eldridge, were made defendants on the ground that they claimed a lien on the property, which the plaintiff claims was junior to the mortgage. Adams & Eldridge filed an answer, and claimed therein that their lien was superior to that of the plaintiff. The court held otherwise, and Adams & Eldridge appeal.
1Opinion of the CourtSeevers, J.
The defendant, Miller, was cashier of the Monroe County Bank, and, as the plaintiff testified, Miller requested the plaintiff to give him a collateral note, that he wanted to borrow some money from the Eirst National Bank of Chicago, to tide him over the run. “I understand it was to tide the bank over the run. I told him I did not like to do that. He insisted that it would not affect me in the least; that I would not have it to pay, for he would protect me. I finally gave him this note for the bank’s accommodation.” There was no evidence contradictory to this. This transaction occurred on the…
2Cases cited8 opinions
- Wright v. BundyIndiana Supreme Court · 1858
- Chapin v. MerrillNew York Supreme Court · 1830
- Simpson v. RobertSupreme Court of Georgia · 1866
- Galway, Semple & Co. v. MalchowNebraska Supreme Court · 1878
- Dunn v. West & HackleyCourt of Appeals of Kentucky · 1845
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3Cited by3 opinions
- Rea v. WilsonSupreme Court of Iowa · 1900
- Reeves & Co. v. DyerSupreme Court of Oklahoma · 1915
- Securities Acceptance Corp. v. LewisSupreme Court of Iowa · 1941