HEATHMAN v. HEATHMAN

No. 95-996.

567 N.W.2d 661 (1997)

Robert HEATHMAN and Theresa Heathman, Appellants, v. Terry HEATHMAN and Gloria Heathman, Appellees.

Court of Appeals of Iowa.

April 30, 1997.


Attorney(s) appearing for the Case

Brian R. McPhail of Gross & McPhail, Osage, for appellants.

Craig N. Mershon of Mershon Law Firm, Cedar Falls, for appellees.

Considered by HABHAB, C.J., and STREIT and VOGEL, JJ.


HABHAB, Chief Judge.

The question we need to resolve is whether a usury defense is available to a co-maker of a note. We hold that it is not, and accordingly reverse the trial court and remand. The pertinent facts needed to resolve this issue are as follows.

Plaintiffs Robert and Theresa Heathman are the parents of defendant Terry Heathman. Defendant Gloria Heathman is the wife of Terry. Terry wanted to purchase a one-half interest in a farm implement dealership...

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