Dickerman v. Day
Supreme Court of Iowa
Appeal from Winneshiek Qi/rcwit Cowrt. This action was brought on a promissory* note for $500, bearing ten per cent interest, made by defendants to Haislett & Co. or order, August 9, 1867, and transferred to the plaintiff before maturity.
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Appeal from Winneshiek Qi/rcwit Cowrt. This action was brought on a promissory* note for $500, bearing ten per cent interest, made by defendants to Haislett & Co. or order, August 9, 1867, and transferred to the plaintiff before maturity. The defendants, in their amended answer, admit the making of the note; aver that they made it for the accommodation of Haislett & Co., and that they, defendants, received no consideration therefor; that the note was sold to plaintiff for $415, which was all he gave therefor; that Haislett & Co. negotiated this note to plaintiff in lieu of and as security for…
1Opinion of the CourtMiller, J.
— But one question is properly presented by the record, viz.: Was there error in the judgment of the court on the special findings of the jury ? Or, in other words, do the facts found by the jury establish the conclusion that the negotiation of the note for $500, to the plaintiff in payment of the note of Haislett & Bro. on which $415 was then due, was an usurious - transaction?
The facts found by the jury show that Haislett & Bro. had borrowed from the plaintiff the sum of $400 for which they made their promissory note for that amount, bearing a lawful rate of interest.
This note being mature…
2Cases cited21 opinions
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Nichols v. FearsonSupreme Court of the United States · 1833
- Dowe v. SchuttNew York Supreme Court · 1846
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
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3Cited by9 opinions
- State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
- O. A. Graybeal Co. v. CookCalifornia Court of Appeal · 1931
- Kessel v. CohenWest Virginia Supreme Court · 1927
- In re WorthDistrict Court, N.D. Iowa · 1904
- Partch v. KrogmanSupreme Court of Iowa · 1926
4 more not listed; retrieve them via the Exa API.