Beidman v. Goodell
Supreme Court of Iowa
Appeal from Van Burén Circuit Court. Action to foreclose a mortgage executed by the defendants J. G. and Abigail 0. Goodell. The defendants do not deny the indebtedness, but resist the foreclosure of the mortgage, alleging that the plaintiff for a valuable consideration agreed to release the mortgage. The original indebtedness was due to one Swazy.
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Appeal from Van Burén Circuit Court. Action to foreclose a mortgage executed by the defendants J. G. and Abigail 0. Goodell. The defendants do not deny the indebtedness, but resist the foreclosure of the mortgage, alleging that the plaintiff for a valuable consideration agreed to release the mortgage. The original indebtedness was due to one Swazy. For tbis indebtedness J. G. Goodell executed bis promissory note, and to secure it be executed the mortgage in suit, A. O. Goodell, bis wife, joining with him in the mortgage. Afterwai’d the note was sold and transferred to the plaintiff, Beidman.…
1Opinion of the Court
Adams, Ch. J.
Whether Benson was authorized to agree to a release of the mortgage is one of the questions in dispute. There is no evidence that he was unless Benson’s testimony may be regarded as such evidence. While he says that he has no remembrance of being authorized to agree to such release, yet he says that if he told Mrs. Goodell that the mortgage was to be released then he was authorized to say so. He was first asked if he would have made an unauthorized statement to induce Mrs. Goodell to sign the notes, to which he replied that that was not his way of doing business. His testimony…
2Cited by8 opinions
- Dolvin v. American Harrow Co.Supreme Court of Georgia · 1906
- Roberts v. RumleySupreme Court of Iowa · 1882
- Shoninger v. PeabodySupreme Court of Connecticut · 1889
- Shuenfeldt v. JunkermannU.S. Circuit Court for the District of Northern Iowa · 1884
- Holmes v. HolmesSupreme Court of Minnesota · 1903
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