Gardner v. Kerlin
Supreme Court of Iowa
Appeal from Dallas District Court. — W. H. Fahey and W. S. Ayres, Judges. Judgment on note of which appellee Gardner claims to be a transferee before maturity for value and in good faith. Defense, among others, usury. Judgment on the note, and judgment for Dallas County on account of usury. The makers of the note appeal.
1Opinion of the CourtSalinger, J.
1. Jury: equitable suit on note. I. The note in suit ivas secured by an assignment of such interest as appellant Lizzie Kerlin had in the estate of her deceased father; and appellee prayed that. in virtue of said assignment, judgment on his note should carry with it .the establish- . » . , , « x . mg ox a lien upon said interest ox Lizzie Kerlin, to secure the payment of such judgment. It was defended that much of the note was wholly without consideration, and was made up of usury and pretended commissions; and that its making was procured by duress and threats. The decree appealed from gives…
2Cases cited5 opinions
- Timonds v. HunterSupreme Court of Iowa · 1915
- Wilkinson v. PritchardSupreme Court of Iowa · 1895
- Marquis v. IllsleySupreme Court of Iowa · 1896
- Hanan v. MessengerSupreme Court of Iowa · 1915
- Smith v. RedmondSupreme Court of Iowa · 1909
3Cited by2 opinions
- Lutton v. BakerSupreme Court of Iowa · 1919
- Kladivo v. HospodarskySupreme Court of Iowa · 1920