Edworthy v. Iowa Savings & Loan Ass'n
Supreme Court of Iowa
Appeal from Polk District Court. — IIon. Charles A. Bisi-ioe, Judge. Action in equity to secure au accounting as to tbo amount due on a mortgage given by plaintiffs to defendant, and to effect redemption therefrom. There was an answer, and also a cross petition, in which the foreclosure of the mortgage was prayed. From a decree fixing the amount due on the mortgage, and foreclosing the same, plaintiffs appeal.
1Opinion of the CourtWaterman, J.
Tlie question first discussed in this court is as to whether the loan is'usurious. Plaintiffs borrowed the sum of $1,400 of defendant corporation, and secured its payment by .a pledge of 14 shares of stock and a mortgage on real estate. After a number of payments had been made on said-debt, and on the tenth day of July, 1897, a new mortgage was executed for the balance claimed to be still due, viz.: $900, and the present action is founded upon the latter instrument.
1 2 As a level premium was exacted from the borrower for the first loan, which, together with the interest charged, amounted to…
2Cases cited19 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Stone v. MississippiSupreme Court of the United States · 1880
- McCracken v. HaywardSupreme Court of the United States · 1844
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Walker v. WhiteheadSupreme Court of the United States · 1873
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3Cited by15 opinions
- Galusha v. WendtSupreme Court of Iowa · 1901
- Dunham Lumber Co. v. GreszNorth Dakota Supreme Court · 1942
- Home Savings & Trust Co. v. HicksSupreme Court of Iowa · 1902
- St. John v. Iowa Business Men's Building & Loan Ass'nSupreme Court of Iowa · 1907
- Kirchner v. Board of DirectorsSupreme Court of Iowa · 1908
10 more not listed; retrieve them via the Exa API.