Weaver ex rel. Orth & Weaver v. Burnett
Supreme Court of Iowa
Appeal from Taylor District Court. — IIon. W. H. Tedeord. Judge. Suit in equity to foreclose a mortgage. Defense, usury.. Trial to the court, resulting in a decree foreclosing the mortgage for the full amount of the notes secured thereby, and defendants appeal.
1Opinion of the CourtDeemer, J.
The note which lies at the foundation of' this suit is for one thousand three hundred dollars, and bears interest at the rate of eight per cent. It was given to afford defendant Burnett the means whereby to take up three other-notes of the said Burnett, antedating the one in suit aggregating one thousand four hundred dollars, and upon which interest had accrued so that the total amount due thereon was about one thousand five hundred and eighty dollars.. Defendant Burnett claims that he received but one thousand two hundred dollars on the one thousand three hundred dollar- • note, and that the…
2Cases cited10 opinions
- White Water Valley Canal Company v. ValletteSupreme Court of the United States · 1859
- Cleveland v. LoderNew York Court of Chancery · 1839
- Browne v. . VredenburghNew York Court of Appeals · 1870
- Clift v. . BarrowNew York Court of Appeals · 1888
- Jones v. BerryhillSupreme Court of Iowa · 1868
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3Cited by4 opinions
- Blaisdell v. SteinfeldArizona Supreme Court · 1914
- Charles A. Riley Co. v. W. T. Sears & Co.Supreme Court of North Carolina · 1911
- Wehrman v. MooreSupreme Court of Iowa · 1919
- Griswold v. DuganeSupreme Court of Iowa · 1910