Gaar Scott & Co. v. Taylor
Supreme Court of Iowa
Appeal from Mahaska District Court.— Hon. W. G. Clements, Judge. Action in equity to set aside and cancel a release of a chattel mortgage, and to set aside a judgment, and to recover of the defendants on a promissory note. The release and judgment were canceled, and judgment was rendered for the plaintiff against the defendant Taylor, and the action was dismissed as to the defendant Moore. The plaintiff and Taylor apeal; the plaintiff will be designated as the appellant.
1Opinion of the CourtSherwin, C. J.
In 1897 the defendant Taylor gave to the plaintiff two promissory notes, one for $175, due January 1, 1899, and one for $200, due January 1, 1900, and the latter one was signed by the Moores, who were in fact sureties only. To secure the payment of the two notes, Taylor executed and delivered to the plaintiff a mortgage on personal property. The notes and the mortgage were sent to the plaintiffs in Indiana, where the note sued on herein, the last one, remained until the present suit was instituted. The $175 note was sent to a bank in Oskaloosa for payment, at the request of Taylor, and was…
2Cases cited6 opinions
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
- Boals v. ShulesSupreme Court of Iowa · 1870
- Fernekes & Bros. v. CaseSupreme Court of Iowa · 1888
- Haws v. ClarkSupreme Court of Iowa · 1873
- Genther v. FullerSupreme Court of Iowa · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jacobson v. LeapSupreme Court of Iowa · 1958
- Williamson v. WilliamsonSupreme Court of Iowa · 1917
- Buss v. Prudential Ins. Co. of AmericaCourt of Appeals for the Eighth Circuit · 1942
- Wall v. BorgenSupreme Court of Minnesota · 1922
- Jacobson v. LeapSupreme Court of Iowa · 1958