First National Bank of Nevada v. Bryan
Supreme Court of Iowa
Appeal from Story District Gowrt. The plaintiff, as the indorsee before maturity of a negotiable promissory note for $645, executed by Solon Bryan to the order of P. E. Nelson, brings this action to recover the amount of said note, and to foreclose a mortgage to secure the same, executed by Mary E. Bryan and Solon Bryan upon their homestead.
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Appeal from Story District Gowrt. The plaintiff, as the indorsee before maturity of a negotiable promissory note for $645, executed by Solon Bryan to the order of P. E. Nelson, brings this action to recover the amount of said note, and to foreclose a mortgage to secure the same, executed by Mary E. Bryan and Solon Bryan upon their homestead. The court found that both the note and mortgage were obtained by duress, and that the plaintiff, as an innocent holder of the note for value before maturity, was entitled to recover upon the note, but was not entitled to a foreclosure of the mortgage. The…
1Opinion of the Court
Day, Ch., J.
I. The appellant insists that the answer does not set up that the note and mortgage were obtained by duress. *and practice • ^evidence.'* The appellees filed an amended abstract, setting forth that the defendant, under leave of court, filed an amended answer to meet the evidence, formally setting up that the note and mortgage were made under duress. The appellant denies that such amendment was filed. We have examined the transcript, and do not find any reference to such amendment. However, we regard this question as immaterial. The original answer sets up facts sufficient to…
2Cases cited4 opinions
- Green v. ScranageSupreme Court of Iowa · 1865
- Preston, Kean & Co. v. Morris Case & Co.Supreme Court of Iowa · 1876
- Tabor v. FoySupreme Court of Iowa · 1881
- Burbank v. WarwickSupreme Court of Iowa · 1879
3Cited by7 opinions
- City National Bank v. KuswormWisconsin Supreme Court · 1894
- Henry v. State BankSupreme Court of Iowa · 1906
- Berry v. BerrySupreme Court of Kansas · 1897
- Wilson v. CalhounSupreme Court of Iowa · 1915
- Farmers National Life Insurance Co. of America v. RygSupreme Court of Iowa · 1929
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