Lucore v. Kramer
Supreme Court of Iowa
Appeal from Limn District Court. Rueus H. Lucore died in December, 1863, intestate; in January thereafter letters of administration were granted to his widow, Sarah A. Lucore, who, as administratrix, in March, 1865, sued the defendant on a note of $130.30, executed by him to the decedent, April 2,1855, and drawing interest at the rate of ten per cent per annum.
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Appeal from Limn District Court. Rueus H. Lucore died in December, 1863, intestate; in January thereafter letters of administration were granted to his widow, Sarah A. Lucore, who, as administratrix, in March, 1865, sued the defendant on a note of $130.30, executed by him to the decedent, April 2,1855, and drawing interest at the rate of ten per cent per annum. The defendant held an unsettled account against the decedent, running from the 9th of April, 1855, to the 28th of December, 1860, consisting of various articles of household furniture; purchased by the decedent, in his life-time, of…
1Opinion of the Court
Lowe, Ch. J.
1. Executor and administrator: set-off. There was no eiTor in overruling the demurrer. The defendant’s claim, as a set-off, existed long before the death of Rufus IT. Lucore, the payee of the note. Had suit been brought upon this note in his life-time, the defendant’s right of set-off would be unquestioned. The death of Lucore does not have the effect to repeal or supersede this right; the doctrine being, that mutual claims compensate each other. The amount which may be due, is always the balance left after deducting the lesser from the greater sum. If in tills case the…
2Cited by4 opinions
- Ware v. HowleySupreme Court of Iowa · 1886
- Smeaton v. ColeSupreme Court of Iowa · 1903
- Wikel v. GarrisonSupreme Court of Iowa · 1891
- Van Sandt v. Dows & Co.Supreme Court of Iowa · 1884