Erickson v. Bell
Supreme Court of Iowa
Appeal from .Buena Vista District Court. Action of replevin. The petition shows that plaintiff is the absolute owner of the property, and that defendant' holds it under a chattel mortgage for the purpose of sale and foreclosure, but plaintiff avers that the mortgage has been fully paid. The answer admits the possession of the property and alleges that the mortgage under which it is held still justly subsists and has not been paid.
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Appeal from .Buena Vista District Court. Action of replevin. The petition shows that plaintiff is the absolute owner of the property, and that defendant' holds it under a chattel mortgage for the purpose of sale and foreclosure, but plaintiff avers that the mortgage has been fully paid. The answer admits the possession of the property and alleges that the mortgage under which it is held still justly subsists and has not been paid. There was a verdict and judgment for plaintiff. Defendant appeals. Other facts in the case appear in the opinion.
1Opinion of the CourtBeck, J.
I. The plaintiff claims that the note secured by the chattel mortgage is usurious, and that the payments made thereon, and upon the unlawful interest, are sufficient to *628fully discharge the note and mortgage. But the defendant insists that the plaintiff is estopped from the setting up usury in the note, for the reason .that before the holder of the note acquired it he applied to plaintiff for information in regard to its validity, and was informed that it was all right, and the amount purporting to be due thereon' was unpaid.
The evidence tends to prove the following facts: In 1875 plaintiff…
2Cases cited5 opinions
- Bell v. . DayNew York Court of Appeals · 1865
- Lucas v. FlinnSupreme Court of Iowa · 1872
- Commonwealth v. WaiteMassachusetts Supreme Judicial Court · 1809
- Sims v. GivanIndiana Supreme Court · 1831
- Peirce v. ChaseMassachusetts Supreme Judicial Court · 1812
3Cited by7 opinions
- Cable Co. v. MillerSupreme Court of Iowa · 1913
- Strohmeier v. AndersonSupreme Court of Iowa · 1923
- Ammerman v. RossSupreme Court of Iowa · 1892
- Cleophas v. WalkerSupreme Court of Iowa · 1930
- Borcherling's v. TrefzNew Jersey Court of Chancery · 1885
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