Sherwood v. Home Savings Bank
Supreme Court of Iowa
Appeal from Hardin District Court.— Hon. J. H. Richard, Judge. Action for value of note and mortgage alleged to have been deposited with defendant for safe-keeping. From judgment as prayed tbe defendant appeals.—
1Opinion of the Court
Ladd, J.—
On March 1, 1901, James F. and Adella Partlow executed to Edwin O. Soule a note for $1,100, payable ten years bence, with interest at the rate of 6 per cent. *530per annum covered by interest coupons attached, and this was secured by a mortgage on a farm of eighty acres in Murray county, Minn., subject to a prior mortgage, of $800. Soule sold this note and mortgage to the plaintiff April 2, 1902, executing an assignment of the mortgage. The papers were delivered, whereupon plaintiff ’ handed them back, saying that he had no safe place to keep them,” and that he would “ leave them for…
2Cases cited31 opinions
- Martin v. WebbSupreme Court of the United States · 1884
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Preston v. PratherSupreme Court of the United States · 1891
- Phillips v. Mercantile National BankNew York Court of Appeals · 1894
- Ayers v. . LawrenceNew York Court of Appeals · 1874
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3Cited by21 opinions
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- Griffin v. ErskineSupreme Court of Iowa · 1906
- Davis v. WhitsettSupreme Court of Oklahoma · 1967
- Kegan v. Park BankSupreme Court of Missouri · 1928
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