Malone v. Averill
Supreme Court of Iowa
Appeal from Limn District Court. — Hon. Milo P. Smith, Judge. Action by a foreign receiver to recover damages based upon an alleged conspiracy. Plea by demurrer, of the statute of limitations, and want of right to sue. From a ruling sustaining the demurrer, the plaintiff appeals.
1Opinion of the CourtWithrow, J.
I. The following averments are the substantial part of a claim filed against the estate of Arthur T. Averill, deceased: The Fidelity Savings Association is a corporation organized in 1896 under the laws of Colorado. In a proceeding against it in the courts of that state it was adjudged to be insolvent, and one Joseph C. Helm was appointed receiver, and later, in 1904, Richard H. Malone was appointed receiver, as successor of Helm. One Edwin M. Johnson was a director of the association, also its attorney, and in 1900 became its president, continuing in that position until July, 1904. It is…
2Cases cited6 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Ayres v. SiebelSupreme Court of Iowa · 1891
- Parker v. C. Lamb & SonsSupreme Court of Iowa · 1896
- Wyman v. EatonSupreme Court of Iowa · 1899
- Ackerman v. HilpertSupreme Court of Iowa · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Berger v. O'HEARNCalifornia Supreme Court · 1953
- Hirning v. HamlinSupreme Court of Iowa · 1925
- Hogan v. McCombs Bros.Supreme Court of Iowa · 1921
- Zapata v. MeyersCalifornia Court of Appeal · 1974
- Berger v. O'HEARNCalifornia Supreme Court · 1953
3 more not listed; retrieve them via the Exa API.