Adrian State Bank v. Eichmeier
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. F. D. Letts', Judge. Action upon a promissory note, for the sum of $3,000, made by defendants to plaintiff on February 15, 1908, due one year after date, with 8 .per cent, interest from date. Defendants are husband and wife and now residents of the state; and an attachment was sued out against them which was levied upon certain real estate in Franklin county. Defendants each appeared and filed separate answers.
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Appeal from Franklin District Court. — Hon. F. D. Letts', Judge. Action upon a promissory note, for the sum of $3,000, made by defendants to plaintiff on February 15, 1908, due one year after date, with 8 .per cent, interest from date. Defendants are husband and wife and now residents of the state; and an attachment was sued out against them which was levied upon certain real estate in Franklin county. Defendants each appeared and filed separate answers. Kate Eichmeier pleaded that her signature to the note was obtained by fraud and deceit; that the note was secured by a mortgage upon certain…
1Opinion of the CourtDeemer, J.
The case went to the jury upon a single affirmative issue pleaded by the defendant Katie Eichmeier, who is the only defendant in the case and the only party in interest. That defense was, in substance:. . . That at the time the note sued on was executed by. A. Eichmeier, the same was not signed by her (Katie *250Eichmeier); that at the time said note was executed the same was secured by a mortgage executed upon certain lands in Nobles county, Minn., subject to a prior mortgage of $1,500; that some time in May, 1909, or possibly June, the said first mortgage became due, and there was accrued…
2Cases cited2 opinions
- Hammer v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Streeter v. First National BankSupreme Court of Iowa · 1880