Legal Opinion

Kossuth County State Bank v. Richardson

Supreme Court of Iowa

Decided December 19, 1908PublishedCited by 15 opinions

Appeal from, Kossuth District Court. — iloN. A. D. Bailie, Judge. ActioN to foreclose three mortgages. The defendant pleaded a counterclaim. The cause was referred, and to the report of the referee exceptions were filed. The district court’s rulings thereon were approved, save that on exceptions to the eleventh finding.

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Appeal from, Kossuth District Court. — iloN. A. D. Bailie, Judge. ActioN to foreclose three mortgages. The defendant pleaded a counterclaim. The cause was referred, and to the report of the referee exceptions were filed. The district court’s rulings thereon were approved, save that on exceptions to the eleventh finding. As to that the decree was reversed and the cause remanded for proceedings not inconsistent with the opinion. 132 Iowa, 370. Upon remaud, the district court, on application of plaintiff, opened the case and received additional evidence bearing on the issue involved in said…

1Opinion of the Court

Ladd, C. J. —

On the former appeal the district court’s rulings on all the exceptions to the report of the referee, save on these to the eleventh finding, were approved. 132 Iowa, 370. This finding was: “That since the date of said settlement, to wit, on or about the 30th of April, 1894, there was a running account between plaintiff and defendant Richardson up to October 30, 1898, and there is due Richardson on said account $213.82,. as shown by plaintiff’s Exhibit 75.” It appeared that during this interval plaintiff had received and collected on notes belonging to defendant, held as…

2Cases cited39 opinions

  1. Adams County v. B. & M. R. R.Supreme Court of Iowa · 1880
  2. Smith v. WilkinsOregon Supreme Court · 1897
  3. Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
  4. Security Co. v. GraybealSupreme Court of Iowa · 1892
  5. In re Estate of FultonSupreme Court of Pennsylvania · 1896

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3Cited by15 opinions

  1. Dee v. CollinsSupreme Court of Iowa · 1944
  2. Local Bd. of Health, Boone County v. WoodSupreme Court of Iowa · 1976
  3. Liberty Nat. Bank of Roanoke v. BearCourt of Appeals for the Fourth Circuit · 1925
  4. Ronna v. American State BankSupreme Court of Iowa · 1933
  5. Matthews v. QuaintanceSupreme Court of Iowa · 1927

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