Spafford v. First Nat. Bank
Supreme Court of Iowa
Appeal from, Tama District Court. 'Wednesday, October 8. The facts of this case are numerous and extended. It is not necessary to state them in detail.
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Appeal from, Tama District Court. 'Wednesday, October 8. The facts of this case are numerous and extended. It is not necessary to state them in detail. The plaintiff avers that Warren was owner of a private bank, called the Tama County Bank, with which the plaintiff done business for a year or more, prior to September 30, 1871; that loans had been made to and overdrafts allowed him at usurious rates, and thereby, at said date, he owed said bank $7,762.05; that $5,000 was due by note and the balance on account; that at said date the First National Bank of Tama city, a corporation under 'the…
1Opinion of the CourtCole, J.
The only ground assigned in the motion is that the mortgage was taken in violation of the law of congress entitled, “ An act to provide a national currency,” etc. We can properly only consider and determine the questions made to and passed upon by the district court. Latterrett v. Cook, 1 Iowa, 1, and cases cited. Whether such a motion as was made in this case can properly, under Revision, section 3138, be made and entertained at the stage of the case when it was done and *183before a trial, we do not decide; but conceding it properly made, we dispose of tbe question upon its merits.
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2Cases cited2 opinions
- Latterett v. CookSupreme Court of Iowa · 1855
- First National Bank v. HaireSupreme Court of Iowa · 1873
3Cited by2 opinions
- Holmes v. BoydIndiana Supreme Court · 1883
- Barker v. Livingston County National BankAppellate Court of Illinois · 1889