Sexton v. Murdock
Supreme Court of Iowa
Appeal from Winneshiek Ci/rcuit Court. Action upon a promissory note as follows: “ $150. Con-over, December 2,1868. “ One year after date I promise to pay to the order of John Sexton $150, at Conover, with interest at ten per cent per annum, value received. John Murdock. ” On the back was indorsed: “ Interest paid hereon Dec. 2, 1869, for one year.”
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Appeal from Winneshiek Ci/rcuit Court. Action upon a promissory note as follows: “ $150. Con-over, December 2,1868. “ One year after date I promise to pay to the order of John Sexton $150, at Conover, with interest at ten per cent per annum, value received. John Murdock. ” On the back was indorsed: “ Interest paid hereon Dec. 2, 1869, for one year.” “ This note extended to July 2, ’69.” “ Interest paid to Dec. 2, 1870.” Judgment was asked upon the note, and also the foreclosure of a mortgage given to secure its payment. The defendant admitted the execution of the note and mortgage, and…
1Opinion of the Court
Cole, J.—
Upon trial of this action before the court and jury, there was evidence introduced tending to establish that there was a usurious contract and also evidence tending to establish that the contract was only to pay 10 per cent, and that the payment of more than that was wholly voluntary, on the part of the defendant. In view of the conflict in the evidence, a verdict of a jury in support of either hypothesis could not well be interfered with.
The plaintiff asked the court to instruct the jury as follows: “ If you find from the evidence that the defendant paid plaintiff interest on the…
2Cases cited1 opinion
- Kurz v. HolbrookSupreme Court of Iowa · 1862
3Cited by4 opinions
- In re WorthDistrict Court, N.D. Iowa · 1904
- Fairfield v. McNanySupreme Court of Iowa · 1873
- J. W. Squire Co. v. HedgesSupreme Court of Iowa · 1925
- Heffner v. BrownellSupreme Court of Iowa · 1891