Legal Opinion

Dobbins v. Parker

Supreme Court of Iowa

Decided June 16, 1877PublishedCited by 6 opinions

Appeal from Butler District Court. This action was commenced on the 18th day of August, 1876, upon two promissory notes, and for the foreclosure'’of a mortgage executed to secure the same. The notes are for five hundred and fifty dollars, due respectively November first, 1876 and 1877, with ten per cent interest per annum from date.

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Appeal from Butler District Court. This action was commenced on the 18th day of August, 1876, upon two promissory notes, and for the foreclosure'’of a mortgage executed to secure the same. The notes are for five hundred and fifty dollars, due respectively November first, 1876 and 1877, with ten per cent interest per annum from date. The mortgage contains the following: “Provided always, and these presents are upon this express condition, that if the said Erancis Parker, * *■ * shall pay or cause to be paid to the said William Dobbins, his executors, administrators or assigns, the sum of four…

1Opinion of the Court

Day, Ch. J.

i. promisinterest°:te: mortgage. The only question involved in this case is, was the interest on the notes in controversy payable annually? II not so PaJable) this action was commenced be-I°re any part of the notes was due, and it is not maintainable for that reason. The notes simply provide for the payment of five hundred and fifty dollars with ten per cent interest per annum from date.

The mortgage provides for the payment of the sums named in the several notes “ with interest on all of said money at the rate of ten per cent per annum until paid, payable annually according to the…

2Cited by6 opinions

  1. Brooke v. StruthersMichigan Supreme Court · 1896
  2. Coffin v. YounkerSupreme Court of Iowa · 1923
  3. Shanabarger v. PharesWest Virginia Supreme Court · 1920
  4. Lovell v. MusselmanWashington Supreme Court · 1914
  5. Bell v. EngvolsenWashington Supreme Court · 1911

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