Cooley v. Brown
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. Action by an administrator of an estate alleged to be insolvent, to recover money collected by defendant on a note of a third person, which the plaintiff avers was transferred without consideration by his intestate to the defendant’s assignor, the defendant having knowledge of all the facts. Trial to a jury, verdict and judgment for defendant. The plaintiff appeals.
1Opinion of the Court
Cole, Ch. J.
The plaintiff, as administrator of Jedediah Brown, deceased, in his petition avers: 1st. That the defendant has received $916 in money, without right from one Days to the use of the testate. 2d. That the defendant wrongfully intermeddled with the property of the deceased and without right collected $916 in money, etc.; and 3d. “That after the death of Jedediah Brown the defendant became wrongfully and fraudulently possessed of a certain promissory note made by said Days to the said Brown, and afterward collected from the makers thereof the sum of $975; that defendant collected…
2Cases cited3 opinions
- Bate v. . GrahamNew York Court of Appeals · 1854
- Dox v. BackenstoseNew York Supreme Court · 1834
- Elder v. LittlerSupreme Court of Iowa · 1863
3Cited by19 opinions
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
- In re Estate of AckenSupreme Court of Iowa · 1909
- Crary v. KurtzSupreme Court of Iowa · 1906
- In re the Estate of OrtizCourt of Chancery of Delaware · 1942
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