State Savings Bank v. Miller
Supreme Court of Iowa
Appeal from, Lucas District Court. — Hon. M. A. Roberts, Judge Action at law upou two promissory notes made and executed by defendants, E. J. and William Miller, to the plaintiff bank. The defendants admitted the execution of the notes, but pleaded laches on plaintiff’s part, and an estoppel due to its conduct with reference to the notes. Upon' defendants’ motion the .cause, over plaintiff’s objections, was transferred to the equity docket for trial.
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Appeal from, Lucas District Court. — Hon. M. A. Roberts, Judge Action at law upou two promissory notes made and executed by defendants, E. J. and William Miller, to the plaintiff bank. The defendants admitted the execution of the notes, but pleaded laches on plaintiff’s part, and an estoppel due to its conduct with reference to the notes. Upon' defendants’ motion the .cause, over plaintiff’s objections, was transferred to the equity docket for trial. By agreement of the parties the action was then tried with another suit, against other parties,, brought to foreclose a mortgage made to secure…
1Opinion of the CourtDeemer, C. J.
The two notes in suit were executed by the defendants, Miller, to tbe plaintiff bank on March 18, 1895, and February 24, 1897, respectively; the first one maturing four years after date, and the second on or before March 1, 1898. The notes were secured by a certain real estate mortgage made by defendants, Miller. The action on the notes was commenced at law February 27, 1908. The execution of the notes was admitted by the defendants; and, although they concede that the action is hot barred by the statute, they pleaded laches and an estoppel on the part of the plaintiff in defense to the law…
2Cases cited6 opinions
- Light v. WestSupreme Court of Iowa · 1875
- Relf v. EberlySupreme Court of Iowa · 1867
- Adams v. HoldenSupreme Court of Iowa · 1900
- Joseph v. DavenportSupreme Court of Iowa · 1902
- Rabb v. AlbrightSupreme Court of Iowa · 1894
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3Cited by6 opinions
- Davenport Osteopathic Hospital Ass'n v. Hospital Service, Inc.Supreme Court of Iowa · 1967
- Life Investors Insurance Company of America v. Estate of John M. Corrado and Federal City Region, Inc.Supreme Court of Iowa · 2013
- Smith v. Middle States Utilities Co.Supreme Court of Iowa · 1940
- Hamilton v. HendersonSupreme Court of Iowa · 1930
- Missildine v. BrightmanSupreme Court of Iowa · 1944
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