Philips v. Gephart
Supreme Court of Iowa
Appeal from Tama District Oon/rt. Action upon two promissory notes. There was a verdict and judgment for defendants. Plaintiff appeals. The facts of the case are stated in the opinion.
1Opinion of the CourtBeck, J.
I. The defense pleaded to the action is usury. It is shown in the answer that the notes sued upon were given for the balance due upon a judgment against defendant Gephart, in favor of plaintiff, rendered upon a promissory note; that upon this note before the judgment was rendered, and upon the judgment, usurious interest was contracted for and paid, and that a part of such usury was paid by the execution of promissory notes upon which judgments were rendered that were afterward paid by defendant.
The evidence tended to prove the allegations of the answer. It was further shown that defendant…
2Cases cited2 opinions
- Bearce v. BarstowMassachusetts Supreme Judicial Court · 1812
- Quinn v. BoyntonSupreme Court of Iowa · 1875
3Cited by5 opinions
- State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
- Tucker v. StewartSupreme Court of Iowa · 1903
- Gross v. CoffeySupreme Court of Alabama · 1895
- Sigmond v. BebberSupreme Court of Iowa · 1898
- Steiner v. LenzSupreme Court of Iowa · 1899