Mason v. Searles
Supreme Court of Iowa
Appeal from Black Bowk Circuit Cou/rt. Action upon, two promissory notes executed to plaintiff by defendants. For answer the defendants plead usury. There was a trial by jury and verdict and judgment were rendered for the plaintiff for the full amount claimed. From such judgment the defendants appeal.
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Appeal from Black Bowk Circuit Cou/rt. Action upon, two promissory notes executed to plaintiff by defendants. For answer the defendants plead usury. There was a trial by jury and verdict and judgment were rendered for the plaintiff for the full amount claimed. From such judgment the defendants appeal. After the appeal was taken the plaintiff filed a motion to retax costs so as to include an attorney’s fee, it having been stipulated in the notes that an attorney’s fee might be taxed with the costs. The court overruled the motion and from such order the plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.
I. The court upon motion struck out a part of the defendants’ answer, and the first question presented by the defendants is as to the correctness of the action of the court in so doing.
i. pleading: iráifdíinsuíficiency oí. Before proceeding to the consideration of the question it .is necessary that we should state that prior to the execution the notes in question the defendant S. F. Searles had 'borrowed a large sum of money of on0 Yorce at a usurious rate of interest. At the time the notes in suit were given there remained due to Torce the amount of these notes, to-wit, the sum…
2Cases cited1 opinion
- Musser v. CrumSupreme Court of Iowa · 1878
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