Schumacher v. the Sumner Tele. Co.
Supreme Court of Iowa
Appeal from, Bremer District Court. — Hon. C. H. Kelly, Judge. Action in equity to recover' upon a promissory note executed in tbe names of “Sumner Tip. Co.,” M. Robish, and John Sager and to foreclose a mortgage given by M. Robish and wife to secure the same. Other, material facts are sufficiently stated in the opinion.
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Appeal from, Bremer District Court. — Hon. C. H. Kelly, Judge. Action in equity to recover' upon a promissory note executed in tbe names of “Sumner Tip. Co.,” M. Robish, and John Sager and to foreclose a mortgage given by M. Robish and wife to secure the same. Other, material facts are sufficiently stated in the opinion. Upon the trial decree was rendered as prayed against Robish and wife and bill dismissed on the merits in favor of all the other defendants except Sager, who was not served with notice and did not appear. The plaintiff appeals.
1Opinion of the CourtWeaver, C. J.
-The promissory note upon which a recovery is sought is in the following form
$1,300.00. Waverly, Iowa, Dee. 1st, 1900. On two year on or before after date, for value received we promise to pay Fred J. Schumacher or order at Denver thirteen hundred dollars with interest at the rate of 5 per cent, per annum until paid. If interest is not paid when due the same shall bear interest at 5 per cent. And if expense and costs are incurred by the holder in consequence of a failure to pay at maturity, the undersigned agree to pay a collection fee of 5 per cent, on the amount due. Sumner Tip. Co. M.…
2Cases cited16 opinions
- Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Sutton v. WeberSupreme Court of Iowa · 1904
- White v. Elgin Creamery Co.Supreme Court of Iowa · 1899
- Dowling v. Exchange Bank of BostonSupreme Court of the United States · 1892
- Seaton v. GrimmSupreme Court of Iowa · 1899
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3Cited by13 opinions
- Medlin v. Ebenezer Methodist ChurchSupreme Court of South Carolina · 1925
- Farmers' State Bank v. Herman Schultz EstateSupreme Court of Iowa · 1923
- Chumbley v. CourtneySupreme Court of Iowa · 1917
- Smith v. StarkeyWisconsin Supreme Court · 1930
- Kinney v. Bank of PlymouthSupreme Court of Iowa · 1931
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