Townsend v. Studer
Supreme Court of Iowa
Appeal from Kossuth District Court. — HoN. W. B. Quab-toN, Judge. Suit in. equity to foreclose a mortgage. Defense, payment of the note secured thereby to one Lund, who it is claimed was the agent of plaintiff to receive the amount due.
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Appeal from Kossuth District Court. — HoN. W. B. Quab-toN, Judge. Suit in. equity to foreclose a mortgage. Defense, payment of the note secured thereby to one Lund, who it is claimed was the agent of plaintiff to receive the amount due. Defendant Neilson, who purchased the premises subject to the mortgage, filed a cross petition against Lund and one J. J. Ryan, who it is claimed were in partnership at the time the payment was made to Lund, in which he asks that, in the event the payment to Lund is held not to have extinguished the mortgage, he have judgment against Lund and Ryan for the…
1Opinion of the Court
Deemek, .J.
On and prior to January 1, 1891, O. L. Jlund was in business at Algona., Iowa; as a real estate and *105loan agent, and continued in that business to the time of his death, July 2, 1896. The defendant Frank Studer, being the owner of the land described in plaintiff’s mortgage, and desiring to effect a loan of eight hundred dollars thereon, applied to Lund for such loan. The application was forwarded to Daniel Pierce, residing in DeKalb county, Ill., and then transacting his own business. The application was accepted, and the loan made, for which the defendants Frank and Frances Studer…
2Cases cited3 opinions
- Tappan v. MorsemanSupreme Court of Iowa · 1865
- Wolford v. YoungSupreme Court of Iowa · 1898
- Sax v. DrakeSupreme Court of Iowa · 1886
3Cited by10 opinions
- MacHine Co. v. Owings.Supreme Court of North Carolina · 1906
- Pritchard v. WilliamsSupreme Court of North Carolina · 1918
- Sioux City Cattle Loan Co. v. LovrienSupreme Court of Iowa · 1924
- Bissell v. SpringSupreme Court of Iowa · 1917
- Ritter v. PlumbSupreme Court of Iowa · 1927
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