Equitable Life Ins. v. Gleason
Supreme Court of Iowa
Appeal from Polls dreuit Court.. Action to foreclose a mortgage given to secure a promissory note. The land mortgaged is situated in Binggold county. Service was made by publication. Afterwards tbe defendants appeared and moved for a change of place of trial. to Ringgold county, on tbe ground that tbe land mortgaged was situated in that county. Tbe court sustained tbe motion and tbe plaintiff appeals.
1Opinion of the Court
Adams, Ch. J".
1. promissort note: place of construction, Tbe action was brought in Polk county upon tbe theory that tbe note was made payable in Polk county. Whether it was made payable in that " . . . . county is one of the questions m dispute. Ihe note, by its terms, was made payable to the order of the Equitable Life Insurance Company of Iowa, “ at its office.” There is no averment that tbe office- of tbe company is in Polk county, but we find upon tbe note, preceding tbe date, the following words: “Office of Equitable Life Insurance Company, Des Moines, Iowa.” These words, we think, must…
2Cases cited2 opinions
- Cole v. ConnerSupreme Court of Iowa · 1860
- Quigley v. GorhamCalifornia Supreme Court · 1855
3Cited by7 opinions
- Mitchell v. PorterCourt of Appeals of Texas · 1917
- Orcutt v. HansonSupreme Court of Iowa · 1887
- Flood v. City National BankSupreme Court of Iowa · 1934
- McDonald v. Second National BankSupreme Court of Iowa · 1898
- State v. DollarSupreme Court of Kansas · 1912
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