Geddes v. McElroy
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. John F1. Talbott, Judge. This was a contest of a claim founded on a mortuary-note filed by plaintiff against the estate of John W. Murphy, deceased. The defenses set up by the administrator were that there was no consideration for the note and that it was secured through undue influence.
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Appeal from Jasper District Court. — Hon. John F1. Talbott, Judge. This was a contest of a claim founded on a mortuary-note filed by plaintiff against the estate of John W. Murphy, deceased. The defenses set up by the administrator were that there was no consideration for the note and that it was secured through undue influence. The case was tried to a jury, which returned a verdict for the defendant and, in answer to special interrogatories, found that there was no consideration for the note, and that it was executed by the decedent, John W. Murphy, as the result of undue influence exerted…
1Opinion of the Court
Per Curiam: The note is in the following form :
1. Pleading : ^aeration”11’ sufficiency. “Murphy, Iowa, Oct. 22, 1910.
“For value received I promise to pay S. ^eddes $2,300 without interest after my death, or before if I elect to do so. This note shall not be negotiable or transferable or made a collateral.
_ J. W. Murphy. ’ ’
The signature to the note was denied by defendant in his answer, but upon the trial the signature was conceded.
Because plaintiff raises some question that defendant did not plead want of consideration, and because of other questions raised as to the defendants’ pleading, we…
2Cases cited36 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Walsh v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
- Guckenheimer v. . AngevineNew York Court of Appeals · 1880
- Hanson v. KlineSupreme Court of Iowa · 1907
- Roche v. . NasonNew York Court of Appeals · 1906
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3Cited by5 opinions
- Doherty v. EdwardsSupreme Court of Iowa · 1940
- Noble v. United Benefit Life InsuranceSupreme Court of Iowa · 1941
- Exchange State Bank v. BuckleySupreme Court of Iowa · 1923
- Haldeman v. MartinSupreme Court of Iowa · 1928
- Starry v. Starr LynchSupreme Court of Iowa · 1929