Spinney v. Chapman
Supreme Court of Iowa
Appeal from Guthrie District Court. — Hon. A, W. Wilkinson, Judge. The actions above entitled were separately brought, but, as the same questions of law and substantially the same questions of fact are involved in each, they were tried together in the court below, and are submitted together in this court. Each is an action upon a non-negotiable bond, and to foreclose a real estate mortgage given to secure the same.
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Appeal from Guthrie District Court. — Hon. A, W. Wilkinson, Judge. The actions above entitled were separately brought, but, as the same questions of law and substantially the same questions of fact are involved in each, they were tried together in the court below, and are submitted together in this court. Each is an action upon a non-negotiable bond, and to foreclose a real estate mortgage given to secure the same. The defendants in each case pleaded usury and payment in full. There was a decree in each case in favor of defendants, and the plaintiff appeals.—
1Opinion of the CourtBishop, C. J.
The defendants Chapman and Murphy are, and at all times in question were, shareholders in the Interstate Building & Loan Association, organized and existing under the laws of the state of Illinois, and having its principal place of business at Bloomington, in that state. Each of said defendants has at all times resided in Guthrie county, this state. During the year 1892 said defendants each obtained a loan in the sum of $500 from said association, in evidence of which they executed and delivered the respective bonds upon which these actions are brought. By the terms thereof, the bonds are…
2Cases cited10 opinions
- Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina · 1895
- Washington Investment Ass'n v. StanleyOregon Supreme Court · 1901
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- Knutson v. Northwestern Loan & Building Ass'nSupreme Court of Minnesota · 1897
- Rowland v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1894
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3Cited by2 opinions
- Warner v. Mutual Building & Investment Co.Ohio Supreme Court · 1934
- Butson v. Home Savings & Trust Co.Supreme Court of Iowa · 1906