Lasher v. Union Central Life Insurance
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. S. M. Weaver, Judge. Suit in equity to cancel a note and mortgage given by plaintiff to defendant on the ground that plaintiff bad tendered the full amount due thereon before bringing suit. The defense was that the notes bad not matured when tender was made. The trial court granted the relief asked, and defendant appeals.
1Opinion of the CourtDeemer, J.
1 *2332 *232— From an opinion filed by the trial court we extract the following statement of facts, which are practically agreed to by the respective parties: In the year 1892 the plaintiff obtained a loan of $2,000 from the defendant, giving therefor his promissory note secured by mortgage upon the court by the unnecessary voluminous abstracts note the principal debt was made payable 10 years after date, with interest annually at 7 per cent., subject, however, to a condition expressed in the following words: “This note is executed upon the condition that partial payments in any amount at any time…
2Cases cited1 opinion
- Sheneberger v. Union Central Life InsuranceSupreme Court of Iowa · 1901
3Cited by3 opinions
- Ballard-Hassett Co. v. City of Des MoinesSupreme Court of Iowa · 1928
- Ballard-Hassett Co. v. City of Des MoinesSupreme Court of Iowa · 1928
- State v. EngerSupreme Court of Minnesota · 1900