Bacon v. Lee
Supreme Court of Iowa
Appeal from the Dubuque District Court. Petition in. Chancery tó foreclose a mortgage given by defendants, to secure the payment of two notes, one dated February 25th, 1855, and the second, dated May 3d, 1855, each for the sum of $1,250, and payable- in one year from date, to N. W. Capwell, and indorsed to plaintiff, February 12th, 1856. The defence was usury.
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Appeal from the Dubuque District Court. Petition in. Chancery tó foreclose a mortgage given by defendants, to secure the payment of two notes, one dated February 25th, 1855, and the second, dated May 3d, 1855, each for the sum of $1,250, and payable- in one year from date, to N. W. Capwell, and indorsed to plaintiff, February 12th, 1856. The defence was usury. The defendants admitted the making of the notes, and the execution of the mortgage to secure their payment, and aver that Capwell, the payee, lent and advanced to the defendants two thousand dollars — for the loan and forbearance of…
1Opinion of the Court
. Stockton, J.
The first question raised by the. assignment of errors, is, whether the defendant Lee was properly admitted by the court to testify as a witness to the usurious consideration of the notes sued on. The statute enacts that “ in all cases where the unlawful interest is not’apparent on the contract or, writing, the person contracting.the.unlawful interest, shall be a competent witness to prove that the contract is usurious.” Acts 1853, ch. 37, § 5, 68. It is claimed by plaintiff, that Lee had been rendered incompetent as a witness, by defendants’ having made a witness of plaintiff,…
2Cited by10 opinions
- Smith, Twogood & Co. v. Coopers & ClarkeSupreme Court of Iowa · 1859
- Perry Savings Bank v. FitzgeraldSupreme Court of Iowa · 1914
- Carey v. Cincinnati & Chicago RailroadSupreme Court of Iowa · 1857
- Dively v. City of Cedar FallsSupreme Court of Iowa · 1866
- Campbell v. McHargSupreme Court of Iowa · 1859
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