Sloan v. Rice
Supreme Court of Iowa
Appeal from Blade SawJe District Court. Action to foreclose a mortgage executed by defendant Rice to C. H. Elliott, to secure a promissory note for $1250. Elliott indorsed the note to plaintiff, but prior to this Bird executed a note to plaintiff for $308.35, under the following circumstances: Elliott was indebted to plaintiff in the sum of $308.35 and the note of Bird for that amount was given in payment of that indebtedness.
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Appeal from Blade SawJe District Court. Action to foreclose a mortgage executed by defendant Rice to C. H. Elliott, to secure a promissory note for $1250. Elliott indorsed the note to plaintiff, but prior to this Bird executed a note to plaintiff for $308.35, under the following circumstances: Elliott was indebted to plaintiff in the sum of $308.35 and the note of Bird for that amount was given in payment of that indebtedness. The petition alleges that the mortgage stands as security for the amount of the note last mentioned, while the answer sets up that, as to this sum, the mortgage is…
1Opinion of the Court
Beck, J.—
There was conflicting evidence given to the jury as to the agreement between the parties upon the execution of the small note to plaintiff. There was evidence tending to prove, on the one hand, that it was understood the debt of Rice, to that extent, was discharged and paid and the amount should be credited on the larger note and the mortgage; while, on the other hand, there was parol evidence tending to establish that the giving of the note was not to be regarded as payment *466upon the debt, and no credit should be given upon the original note and mortgage until the note last executed…
2Cases cited2 opinions
- Packard v. KingmanSupreme Court of Iowa · 1860
- Hendershott v. PingSupreme Court of Iowa · 1867
3Cited by19 opinions
- Ex parte Ah MenCalifornia Supreme Court · 1888
- Arlington Mill & Elevator Co. v. YatesNebraska Supreme Court · 1898
- Pacific National Agricultural Credit Corp. v. WilburCalifornia Supreme Court · 1935
- Equitable Life Insurance v. RoodSupreme Court of Iowa · 1928
- Cherry v. WelsherSupreme Court of Iowa · 1923
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