Gammon v. Kentner
Supreme Court of Iowa
Appeal from Tama District Court. This action is brought to recover the amount of two promissory notes executed by C. H. Kentner, and to foreclose a mortgage made to secure them. The defendants admit the execution of the notes and mortgage, but allege that the notes have been paid. The cause was tried to the court, and the plaintiffs’ petition was dismissed. The plaintiffs appeal. The facts are stated in the opinion.
1Opinion of the CourtDay, J.
There is no controversy as to the following facts: On the 15th day of August, 1873, C. IT. Kentner executed to Carmichael, Brooks & Co. five promissory notes, each for the sum of $1,124, payable on the ih’st day of September, 1874, and yearly thereafter. To secure these promisssory notes C. H. Kentner and his wife executed to Carmichael, Brooks & Co. a mortgage upon property known as the Kentner elevator. On the 8th day of September, 1874, M. 0. Murdough indorsed and guaranteed to Carmichael, Brooks & Co. farmers’ notes to the full amount of the two Kentner notes first maturing, being the…
2Cases cited1 opinion
- Wadsworth v. WilliamsMassachusetts Supreme Judicial Court · 1868
3Cited by3 opinions
- Weiser v. RossSupreme Court of Iowa · 1911
- Iowa Universalist Convention v. HowellSupreme Court of Iowa · 1934
- Persinger Garage Co. v. CaminskySupreme Court of Iowa · 1920