Brigham v. Myers
Supreme Court of Iowa
Appeal from Story Circuit Court. On the 25th day of April, 1874, the defendant John M. Myers borrowed of the plaintiff the sum of one thousand dollars. He executed a promissory note for that amount, payable to plaintiff’s order, with interest at ten per .cent per annum; and to secure the payment thereof he and his co-defendant, Anna M. Myers, his wife, executed to the plaintiff a mortgage upon certain real estate.
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Appeal from Story Circuit Court. On the 25th day of April, 1874, the defendant John M. Myers borrowed of the plaintiff the sum of one thousand dollars. He executed a promissory note for that amount, payable to plaintiff’s order, with interest at ten per .cent per annum; and to secure the payment thereof he and his co-defendant, Anna M. Myers, his wife, executed to the plaintiff a mortgage upon certain real estate. At the same time, and as part of the same transaction, the defendant executed to the plaintiff certain additional interest notes, in such an amount as would make the rate of…
1Opinion of the Court
Rothrock, J., , Sry rinshand ami wire. — The trial was had upon written evidence, in pursuance of the proper motion and order, and the parties are entitled to a trial anew in this court. The plaintiff is a married woman. That she was the owner 0f one ti10ugan(j clollars loaned is not put in issue by the pleadings. • The money had been loaned to J. C. Mitchell upon a mortgage. Mitchell did not pay his loan directly to plaintiff. The loan to defendant was effected by Mitchell taking up his note and mortgage, and paying to defendant the one thousand dollars for which the defendant executed the…
2Cases cited4 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Rogers v. BuckinghamSupreme Court of Connecticut · 1865
- Spafford v. WarrenSupreme Court of Iowa · 1877
- Gokey v. KnappSupreme Court of Iowa · 1876
3Cited by10 opinions
- Call v. PalmerSupreme Court of the United States · 1885
- Scruggs v. Scottish Mortgage Co.Supreme Court of Arkansas · 1891
- Acheson v. ChaseSupreme Court of Minnesota · 1881
- Brown v. BrownSupreme Court of South Carolina · 1893
- Greenfield v. MonaghanSupreme Court of Iowa · 1892
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