Hyland v. Phœnix Loan Ass'n
Supreme Court of Iowa
Appeal from Olar Ice District Gourt. — Hon. W. H. Tedford, Judge. Action in equity to cancel a mortgage. Decree for plaintiff and defendants ajupeal.
1Opinion of the CourtWeaver, J.
In the year 1892 the plaintiff, a resident of this state, obtained a loan from the Phoenix Loan Association of St. Joseph, Mo. The note and mortgage given by him secured the nominal amount of $2,250 but the actual loan negotiated for was $1,500. In the year 1896, after plaintiff had paid, in monthly installments, an aggregate sum of $1,147.50, a change was made at the request of the association, by which the mortgage above mentioned was canceled, and a new application and mortgage executed by plaintiff for an alleged balmce of $1,193.70, with so-called “premiums” added, making a nominal…
2Cited by2 opinions
- Wiggin Terminals, Inc. v. United StatesCourt of Appeals for the First Circuit · 1929
- Gilbert v. A. A. Clark & Co.Supreme Court of Iowa · 1919