Binford v. Boardman
Supreme Court of Iowa
Appeal from Marshall District Court. This is an action in equity in which plaintiffs claim that they borrowed money of defendant, Boardman, at different times at usurious rates „ of interest, and for some of such loans deposited promissory notes as collateral security; that by the collection of said collaterals Boardman has received payment for most of said loans.
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Appeal from Marshall District Court. This is an action in equity in which plaintiffs claim that they borrowed money of defendant, Boardman, at different times at usurious rates „ of interest, and for some of such loans deposited promissory notes as collateral security; that by the collection of said collaterals Boardman has received payment for most of said loans. An averment of tender as to the balance is made, and the prayer of the petition is that said loans be declared usurious and for the return-of said col-laterals or j udgments for their value, if they cannot be returned. The answer…
1Opinion of the CourtRothrock, J.
As the disposition now made of the issues between the plaintiffs and the defendant, Boardman, disposes of the case, so far as the other defendants are concerned, it is *54unnecessary to allude to their connection with it, and we will therefore omit mention of the issues raised between them and plaintiffs. The main question is as to the fact of usury, and the plaintiff’s standing in the court below and in this court as to théir right^to maintain the action. All other questions are merely incidental. The plaintiffs sought to, and did, obtain an injunction prohibiting the collection or indorsement…
2Cited by10 opinions
- Clapp v. GreenleeSupreme Court of Iowa · 1897
- Taylor v. Ormsby Bros.Supreme Court of Iowa · 1885
- McCorkell v. KarhoffSupreme Court of Iowa · 1894
- Payne v. AndersonNebraska Supreme Court · 1907
- Heaton v. KnightSupreme Court of Iowa · 1883
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