France v. Munro
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. W. Hr McHenry, J udge. Action in equity to recover upon a promissory note and to foreclose a chattel mortgage. The defendants admitted the note, alleged usury in the consideration therefor, and pleaded partial payment. The trial court sustained the plea of usury, and after applying payments made found plaintiff entitled to recover the remainder of $50.50, and to a foreclosure of the mortgage to that extent. The plaintiff appeals.—
1Opinion of the Court
Weaver, T.
At the time of the loan in controversy the appellees, husband and wife, were in straitened circumstances, their household furniture and other personal property being incumbered by a mortgage, which was about to be foreclosed. Mrs. Munro applied for advice or assistance to her neighbor, J udge Miller, and he introduced her to the plaintiff, a money lender and broker.. There appear to have been two interviews between the parties, the first being on August 10, 1904, and the second on the following day, when the transaction was consummated. At first the plaintiff made some objection to…
2Cases cited20 opinions
- Fowler v. Equitable Trust Co.Supreme Court of the United States · 1891
- Scott v. LloydSupreme Court of the United States · 1835
- Stein v. SwensenSupreme Court of Minnesota · 1891
- Bank of Newport v. CookSupreme Court of Arkansas · 1895
- Banks v. FlintSupreme Court of Arkansas · 1890
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3Cited by11 opinions
- Edwards v. StateSupreme Court of Florida · 1911
- Federal Mortgage Co. v. State Nat. Bank of CorsicanaCourt of Appeals of Texas · 1923
- Continental National Bank of Chicago v. FlemingMichigan Supreme Court · 1912
- Lay v. BoutonWashington Supreme Court · 1913
- Dugane v. SmithSupreme Court of Iowa · 1909
6 more not listed; retrieve them via the Exa API.