First National Bank of Waterloo v. Elmore
Supreme Court of Iowa
Appeal from, Floyd Circuit Court. The plaintiff filed a sworn petition in equity, alleging tbat it is a corporation organized and doing business under an act of congress; that on the 1st day of December, 1874, the defendant Alexander Elmore made and delivered to the cashier of plaintiff his promissory note for $500, payable on demand; that March 3d, 1875, Alexander Elmore made and delivered to the cashier of plaintiff his other promissory note in writing for $213.80, payable…
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Appeal from, Floyd Circuit Court. The plaintiff filed a sworn petition in equity, alleging tbat it is a corporation organized and doing business under an act of congress; that on the 1st day of December, 1874, the defendant Alexander Elmore made and delivered to the cashier of plaintiff his promissory note for $500, payable on demand; that March 3d, 1875, Alexander Elmore made and delivered to the cashier of plaintiff his other promissory note in writing for $213.80, payable two months after date; that, in order to secure the payment of said notes and any further sum that defendant might then…
1Opinion of the CourtDay, J.
i. mortgage: tiónai Sank. — I. Is the plaintiff’s mortgage ultra vires, and void under section 5136, Rev. Statutes U. S. This question has recently been determined by the Supreme Court of the United States, in The Union National Bank of St. Louis v. Matthews, 8 Otto (98 U. S.) 621.
In that case an injunction was obtained in the state court of Missouri, restraining the bank from proceeding to sell under a deed of trust executed to the bank in security for a loan of $15,000. Upon writ of error to the Supreme Court of the United States the judgment of the state court was reversed. In the course…
2Cases cited8 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Wickersham v. ReevesSupreme Court of Iowa · 1855
- Getchell v. AllenSupreme Court of Iowa · 1872
- Conrad v. StarrSupreme Court of Iowa · 1879
- Wilhelmi v. LeonardSupreme Court of Iowa · 1862
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3Cited by14 opinions
- Cox v. . Lighting Co.Supreme Court of North Carolina · 1909
- Byington v. FountainSupreme Court of Iowa · 1883
- Edwards & Bradford Lumber Co. v. RankNebraska Supreme Court · 1899
- State Security Bank v. HoskinsSupreme Court of Iowa · 1906
- State v. HamSouth Dakota Supreme Court · 1910
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