Call v. Palmer
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF IOWA. This was a suit in equity brought by Henry H.. Palmer, the appellee, against Asa C. Call, the • appellant, to foreclose a mortgage on the land of the latter given by him to secure his. note for $11,000. The record disclosed the following facts: Albert C. Burn-ham, residing in Illinois, was a partner in the firm of Burnham, Ormsby & Co., bankers, at Emmetsburg, Iowa.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF IOWA. This was a suit in equity brought by Henry H.. Palmer, the appellee, against Asa C. Call, the • appellant, to foreclose a mortgage on the land of the latter given by him to secure his. note for $11,000. The record disclosed the following facts: Albert C. Burn-ham, residing in Illinois, was a partner in the firm of Burnham, Ormsby & Co., bankers, at Emmetsburg, Iowa. He had in his-hands for investment $10,000 belonging to his relative, one Mrs. Davidson. Call applied in writing to Burnham, Ormsby & Co. for a loan of…
1Opinion of the CourtJustice Woods
After stating the facts in the language reported above, he continued:
The contention of Call is that the note given to Burnham for Mrs. Davidson was infected with usury in her hands and in the hands of Palmer, her indorsee, and that the note given by Call to Palmer was also usurious, by reason of the retention by Burnham, Ormsby & Co. of the $500 as a bonus for effecting the loan for Call.
' The note which is the basis of this suit was made in Iowa, " and the contract must be governed by the laws of Iowa. De Wolf v. Johnson, 10 Wheat. 367; Scudder v. Union National Bank, 91 U. S. 406.
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2Cases cited14 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Lloyd v. ScottSupreme Court of the United States · 1830
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Rogers v. JonesNew York Supreme Court · 1828
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