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Bigelow v. Burnham

49 N.W. 104 (1891)

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Bigelow v. Burnham

Iowa Supreme Court
49 N.W. 104 (1891)

Facts

Rollin Burnham (defendant) signed a note promising to pay Rufus Burnham or the bearer of the note approximately $1,858 plus 7 percent interest. The note was dated May 2, 1885, and contained the following language: “Storm Lake, Buena Vista Co., Iowa.” The note was signed and delivered in New York, where Rufus lived. Rollin lived in Storm Lake, Iowa. The record contained no evidence regarding the indebtedness that the note was intended to repay. When Eveline Bigelow (plaintiff) sued Rollin seeking repayment of the note, Rollin responded that New York law governed and that the note was invalid because the note’s 7 percent interest term constituted usury in New York. Bigelow responded that Iowa law governed and that the note’s interest was legal under Iowa law. The lower court entered judgment for Rollin. Bigelow appealed.

Rule of Law

Issue

Holding and Reasoning (Beck, C.J.)

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Conflict of Laws