Legal Opinion

Hawley v. Howell

Supreme Court of Iowa

Decided December 7, 1882PublishedCited by 7 opinions

Appeal from Appanoose Cvreuit Court. Action upon certain promissory notes, and for the foreclosure of a mortgage upon certain real estate given to secure said notes. The answer admitted the execution of the notes and mortgage, but averred that the defendant M. V. B. Howell, at the time the same were.executed was mentally incompetent to contract, by reason of the excessive use of intoxicating liquors.

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Appeal from Appanoose Cvreuit Court. Action upon certain promissory notes, and for the foreclosure of a mortgage upon certain real estate given to secure said notes. The answer admitted the execution of the notes and mortgage, but averred that the defendant M. V. B. Howell, at the time the same were.executed was mentally incompetent to contract, by reason of the excessive use of intoxicating liquors. There was also the further defense that the’ notes and mortgage were usurious. The action being in equity was tried to the court, and a decree was entered for the plaintiff, from which the…

1Opinion of the CourtBothrock, J.

i. usury: uefoana:10evi-°£ sidered. I. It appears from the evidence that on the 21st day of March, 1877, the defendant, M. V. B. Howell executed a power of attorney to the Western Loan Agency of Fairfield, by which he authorized said agency to procure a loan of $1,000 tor him, for which he agreed to pay the said agency the sum of seventy-five dollars, as compensation for procuring the loan. The money to be borrowed was to be secured by a mortgage on one hundred acres of land in Appanoose county. At the same time, the defendant executed a formal application for *81the loan, and a sworn…

2Cases cited1 opinion

  1. Ragan v. DaySupreme Court of Iowa · 1877

3Cited by7 opinions

  1. Vela v. ShacklettTexas Commission of Appeals · 1929
  2. Chakales v. DjiovanidesSupreme Court of Virginia · 1933
  3. Goodale v. WallaceSouth Dakota Supreme Court · 1905
  4. Mallory v. Columbia Mortgage & Trust Co.Tennessee Supreme Court · 1923
  5. Fagerberg v. DennyArizona Supreme Court · 1941

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