Cornog v. Fuller
Supreme Court of Iowa
Appeal from General Term 7th District (Scott county). Action iu chancery to set aside the satisfaction of a mortgage entered upon the record thereof, and to declare the same a lien upon the lands described therein. Upon the trial in the district court, plaintiff’s petition was dismissed. The judgment was affirmed upon appeal to the general term. Plaintiff now appeals to this court.
1Opinion of the CourtBeck, J.
The facts of this case are as follows: One Speakman purchased of Hall and others certain lands, and executed his promissory notes, and a mortgage upon the lands to secure them. One of these notes was payable to Hall, who indorsed it to Morrison for collection, and as a collateral security for an indebtedness to Morrison. The agent of plaintiff paid to Morrison the amount due on the note, and Morrison thereupon indorsed it, without recourse to plaintiff. Morrison paid to Hall the balance of the money received, after deducting the amount of his indebtedness. Hall thereupon entered satisfaction…
2Cited by9 opinions
- Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
- Whipple v. FowlerNebraska Supreme Court · 1894
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
- Lewis v. KirkSupreme Court of Kansas · 1882
- Bowling v. CookSupreme Court of Iowa · 1874
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