Union National Bank v. Carr
Supreme Court of Iowa
Appeal from Boone District Court. Action to foreclose a mortgage given to secure certain promissory notes payable to Phillips & Carmichael. The notes were transferred by indorsement to D. Elwell & Co., by whom they were transferred to the plaintiff. The defendants filed an answer, and the plaintiff dismissed its action. The court held that the defendants were entitled, under the allegations of the answer, to a trial.
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Appeal from Boone District Court. Action to foreclose a mortgage given to secure certain promissory notes payable to Phillips & Carmichael. The notes were transferred by indorsement to D. Elwell & Co., by whom they were transferred to the plaintiff. The defendants filed an answer, and the plaintiff dismissed its action. The court held that the defendants were entitled, under the allegations of the answer, to a trial. One was .had, and a judgment rendered cancelling the mortgage, which was afterward, on motion of the plaintiff, set aside, and the defendants appeal.
1Opinion of the CourtSeevers, J.
1. pleading uncertainty: counter-claim. The answer admitted the execution of the notes and mortgage, but denied any indebtedness thereon. It was also stated therein “that I). Eiwell & Co. held the notes for nearly a year after they were due, and that while I). Eiwell & Co. so held the notes overdue said C. W. Carr fully paid the same to said D. Eiwell & Co., who had them at the time of payment.” Relief was asked as follows: “Praying'that they be dismissed, with costs, and that the mortgage sued on be cancelled, and the clerk directed to satisfy the same of record.”
If, under such an answer,…
2Cases cited2 opinions
- Stacy v. Stichton & Co.Supreme Court of Iowa · 1859
- Davis v. Payne & ShadduckSupreme Court of Iowa · 1876
3Cited by2 opinions
- Bardes v. HutchinsonSupreme Court of Iowa · 1901
- Dunham v. TravisUtah Supreme Court · 1902