Loos v. Callender Savings Bank
Supreme Court of Iowa
Appeal from Polk District Court. — Hubert Utterback, Judge. Suit in equity to set aside a judgment obtained by one Frank O. Peterson, now deceased, against the plaintiff in the district court of Polk County, Iowa, on October 7, 1912. The trial court granted the relief prayed, and defendants, who are the heirs at law and representatives of the deceased, the sheriff of the county, and an endorsee of the original cause of action, appeal.-
1Opinion of the CourtDeemer, J.
I. The judgment which is sought to be set aside was rendered upon a promissory note for the sum of $1,000, signed by plaintiff herein, and made payable "to F. O. Peterson, now deceased. It was executed May 22, 1903, and, as we understand it, was secured by second mortgage' upon some real estate. Subsequently, the note was endorsed by Peterson to the Callender Savings Bank for some shares of stock in an insurance company. The bank brought suit on this note in the district court of Polk County against Loos, and Peterson, the endorser of the note. Loos pleaded fraud and duress in obtaining the…
2Cases cited15 opinions
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3Cited by6 opinions
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