Legal Opinion

Heacock v. Heacock

Supreme Court of Iowa

Decided May 23, 1899PublishedCited by 27 opinions

Appeal from Plymouth District Court. — HoN. John F. Olivee, Judge. AotioN 'at law to- recover an amount alleged to be due as interest on an instrument in writing. A demurrer to tbe petition was overruled, and, the defendant refusing to plead further, judgment was rendered .in favor of the plaintiff ' for the amount claimed. The defendant appeals.—

1Opinion of the CourtDeeMeb, J.

— A copy of the instrument upon which this action was brought is as follows: “1,000.00. Kingsley, Io., May 20, 1893. I promise to pay Luella Heacock (my wife) one thousand dollars, value received, with interest thereon at the rate of 6 per cent, per annum, payable annually. This note becomes due at my death, and to.be paid her out of the estate, aside from her lawful dowry. In case of her death before mine, this note becomes void. Should any of the interest not be paid when due, it shall bear interest at the rate of 6 per cent, per annum. It is also stipulated that, should the collection of…

2Cases cited45 opinions

  1. Bertles v. . NunanNew York Court of Appeals · 1883
  2. White v. . WagerNew York Court of Appeals · 1862
  3. Peters v. PetersSupreme Court of Iowa · 1875
  4. Schultz v. . SchultzNew York Court of Appeals · 1882
  5. West v. LarawayMichigan Supreme Court · 1874

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3Cited by27 opinions

  1. Maine v. James Maine & Sons Co.Supreme Court of Iowa · 1924
  2. Courtney v. CourtneySupreme Court of Oklahoma · 1938
  3. Conley v. ConleyMontana Supreme Court · 1932
  4. In Re the Marriage of WittenSupreme Court of Iowa · 2003
  5. Rule v. CareySupreme Court of Iowa · 1916

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