Oakland Cemetery Ass'n of Lyons v. Lakins
Supreme Court of Iowa
Appeal from Cerro Gordo District Court.— Hon. C. H. Kelley, Judge. Action to recover interest on a promissory note for the sum of. $700 made by the defendants to one Boyd, and by Boyd’s administrator (Boyd being dead) indorsed to plaintiff.
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Appeal from Cerro Gordo District Court.— Hon. C. H. Kelley, Judge. Action to recover interest on a promissory note for the sum of. $700 made by the defendants to one Boyd, and by Boyd’s administrator (Boyd being dead) indorsed to plaintiff. Defendants filed an answer in two divisions, to which plaintiff filed a demurrer, which was sustained; and, defendants electing to stand on their answer, judgment was rendered against them for the amount of the interest claimed, and they appeal.—
1Opinion of the Court
Deemer, C. J.—
As the sufficiency of the answer is alone involved, we here state the substance thereof: Defendants admit their signatures to the note, but deny the delivery thereof to the payee. They aver: That T. G. Boyd, the payee of the note, conveyed to them two lots in the town of Bockwell pursuant to an agreement, which was partly in writing and partly in print, whereby the defendants, in consideration of the conveyance, promised to pay said Boyd during his lifetime interest at the rate of six per cent, per annum upon $700. That, after this agreement and conveyance had been made, Boyd…
2Cases cited5 opinions
- Sutton v. GriebelSupreme Court of Iowa · 1902
- Marsh v. ChownSupreme Court of Iowa · 1898
- McCormick Harvesting Machine Co. v. MorlanSupreme Court of Iowa · 1903
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