Massena Savings Bank v. Garside
Supreme Court of Iowa
Appeal from, Cass District Court. — Hon. E. B. Woodruff, Judge. Action on promissory notes and an overdraft aided by writ of attachment. Defendant admitted the indebtedness, and the only issues tried were raised by the counterclaim. Damages having been allowed thereon, plaintiff appeals.
1Opinion of the CourtLadd, J.
When this action was begun, August 31, *1701908, the plaintiff held ten notes executed by the defendant and he was owing it $363.60 on overdrafts. But two of the notes were past due, one for $362.65 and another for $108. Four others of the face value of $989'.12 were payable later in 1908, three of the face value of $1,100 were payable in 1909, and one of $400 in 1910. The de7 fendant refused to pay the notes due or the overdraft unless the band would surrender a $1,500 note held, as was claimed, by it as collateral security, though this was denied by defendant, and, after some negotiations,…
2Cases cited1 opinion
- Boylan v. McMillanSupreme Court of Iowa · 1908
3Cited by6 opinions
- Wheatley Ex Rel. Wheatley v. HeidemanSupreme Court of Iowa · 1960
- Carnego v. Crescent Coal Co.Supreme Court of Iowa · 1914
- Waltham Piano Co. v. FreemanSupreme Court of Iowa · 1913
- United Engine Co. v. JunisSupreme Court of Iowa · 1923
- Thielen v. SchechingerSupreme Court of Iowa · 1930
1 more not listed; retrieve them via the Exa API.