Jenks v. Shaw
Supreme Court of Iowa
Appeal from Allamakee District Court — Hon. W.. A. Hoyt, Judge. Action in equity, commenced September 2, 1891, to recover judgment against tbe defendant Shaw, upon a promissory note for five hundred dollars, executed by him, payable to Laura M. Shaw, or order, “September 2, 1881, after date,” with ten per cent, interest per annum from date, payable annually. Also for decree foreclosing a mortgage on certain real estate, given to secure the payment of said note.
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Appeal from Allamakee District Court — Hon. W.. A. Hoyt, Judge. Action in equity, commenced September 2, 1891, to recover judgment against tbe defendant Shaw, upon a promissory note for five hundred dollars, executed by him, payable to Laura M. Shaw, or order, “September 2, 1881, after date,” with ten per cent, interest per annum from date, payable annually. Also for decree foreclosing a mortgage on certain real estate, given to secure the payment of said note. The note set out is indorsed: “Without recourse. Mrs. Laura M. Shaw,” and plaintiff alleges that for a valuable consideration she…
1Opinion of the CourtGiven, J.
I. The following statement of the facts, which are undisputed or fairly established by the evidence, will be sufficient for the purpose of the questions to be considered: On September 2, 1878, defendant Shaw executed the note and mortgage, together with another note for the same amount secured by the same mortgage, to his wife, Mrs. Laura M. Shaw; the note in suit to fall due September 2, 1891. Shaw and wife, being indebted to one H. P. Lane, in the sum of two thousand two hundred and forty-four dollars, executed to him a mortgage to secure said indebtedness on July 10,1879, upon certain real…
2Cases cited15 opinions
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Robertson v. StuhlmillerSupreme Court of Iowa · 1895
- Bowling v. CookSupreme Court of Iowa · 1874
- Day v. BaldwinSupreme Court of Iowa · 1872
- Kerndt & Bros. v. PorterfieldSupreme Court of Iowa · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Farmer v. Bank of GraettingerSupreme Court of Iowa · 1906
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Gilman v. HeitmanSupreme Court of Iowa · 1907
- Day v. BrentonSupreme Court of Iowa · 1897
16 more not listed; retrieve them via the Exa API.