Griswold v. Dugane
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action in replevin to recover the possession of certain instruments purporting to show an indebtedness from plaintiffs to the defendant Rose Adams and certain other instruments purporting to assign to said Rose Adams by way of security the wages to become due to the plaintiff E. E. Griswold from the Chicago, Rock Island & Pacific Railroad Company.
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Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action in replevin to recover the possession of certain instruments purporting to show an indebtedness from plaintiffs to the defendant Rose Adams and certain other instruments purporting to assign to said Rose Adams by way of security the wages to become due to the plaintiff E. E. Griswold from the Chicago, Rock Island & Pacific Railroad Company. Tbe fact alleged as a basis for tbe recovery of tbe possession of tbe instruments was substantially that tbe indebtedness represented and secured thereby bad been extinguished. Tbe…
1Opinion of the CourtMcClain, J.
It is perfectly clear, under tbe evidence, that tbe instruments in question were executed in a transaction between plaintiffs and defendant Dugane relating to tbe borrowing of money in which plaintiffs received at one time $80 and at another time $20, and that within one year plaintiffs bad paid to Dugane tbe sum of $110 which bad been more than tbe money received, with interest thereon at eight percent, tbe largest percent which can lawfully be contracted for in this state, and that, if tbe transaction was in fact or effect a loan of money by Dugane to tbe plaintiffs, then no further sum was…
2Cases cited2 opinions
- Weaver ex rel. Orth & Weaver v. BurnettSupreme Court of Iowa · 1900
- McNeely v. FordSupreme Court of Iowa · 1897