Smith v. Wolf
Supreme Court of Iowa
Appeal from Poweshiek Circuit Court. This is an action to recover the amount of two promissory notes executed to the plaintiff by the defendant, John D. Wolf, and for the foreclosure of mortgages executed to secure them. One of said notes is for the sum of $6,000, and is dated April 5th, 1872; the other of said notes is for the sum of $3,500, and is dated January 27 th, 1876. Both notes bear interest át tbe rate of ten per cent per annum.
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Appeal from Poweshiek Circuit Court. This is an action to recover the amount of two promissory notes executed to the plaintiff by the defendant, John D. Wolf, and for the foreclosure of mortgages executed to secure them. One of said notes is for the sum of $6,000, and is dated April 5th, 1872; the other of said notes is for the sum of $3,500, and is dated January 27 th, 1876. Both notes bear interest át tbe rate of ten per cent per annum. The defendants admit the execution of the notes and mortgages, but allege that the notes are usurious. The Court found for the plaintiff The defendants…
1Opinion of the CourtDay, J.
The plaintiff resides in Ohio. The defendant procured one Francis Pike to correspond with Smith and procure for him the loans, and agreed to pay Pike on the first loan a commission of one per cent, and on the second loan a commission of one and one-half per cent. Pike had been in the habit of procuring’ loans for parties in Iowa from the plaintiff The plaintiff was unwilling to make the loans without a personal examination of the securities offered and of the titles, and required that his traveling expenses from Ohio to Iowa and return should be paid. Pike agreed to pay and did pay these…
2Cases cited4 opinions
- Hintrager v. HennessySupreme Court of Iowa · 1877
- Hutchinson v. HosmerSupreme Court of Connecticut · 1817
- Kent v. PhelpsSupreme Court of Connecticut · 1807
- Wyllis v. AultSupreme Court of Iowa · 1877
3Cited by16 opinions
- State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Iowa Savings & Loan Ass'n v. HeidtSupreme Court of Iowa · 1899
- Thomas v. DesneySupreme Court of Iowa · 1881
- Ginn v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
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