Legal Opinion

Marshall County v. Hanna

Supreme Court of Iowa

Decided December 12, 1881PublishedCited by 4 opinions

Appeal from Story District Court. The plaintiff commenced this action on the 3d day of May, 1877, against Ered Baum, claiming $1,000 on six due bills and one promissory note executed by Ered Baum to H. A. Ger-hart, and alleging that George Glick, administrator of H. A. Gerhart’s estate, assigned and transferred in writing said due bills and note to the plaintiff.

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Appeal from Story District Court. The plaintiff commenced this action on the 3d day of May, 1877, against Ered Baum, claiming $1,000 on six due bills and one promissory note executed by Ered Baum to H. A. Ger-hart, and alleging that George Glick, administrator of H. A. Gerhart’s estate, assigned and transferred in writing said due bills and note to the plaintiff. Afterward an amendment to the petition was filed averring the death of Ered Baum, and that Thomas B. Hanna and Rachel D. Baum are administrator and administratrix of his estate. The defendants answered, admitting that they are the…

1Opinion of the CourtDay, J.

The cause came on to be heard at the February term, 1881. The plaintiff offered in evidence the due bills and notes, with an assignment thereon as follows: “I hereby assign and transfer to Marshall county, notes and due bills No. * * * to be owned and collected by said county, and the amount of money collected thereon to be applied in payment of the indebtedness due said county from II. A. Gerhart, deceased, late treasurer, after deducting therefrom the costs and expenses of collecting said notes and due bills, being the evidence of moneys taken out of the treasury of Marshall county, as is…

2Cases cited2 opinions

  1. Hough v. BaileySupreme Court of Connecticut · 1864
  2. Makepeace v. MooreIllinois Supreme Court · 1849

3Cited by4 opinions

  1. Wickersham v. JohnstonCalifornia Supreme Court · 1894
  2. Flynn v. Chicago Great Western RailroadSupreme Court of Iowa · 1913
  3. Weider v. OsbornOregon Supreme Court · 1891
  4. In Re Estate of FoggSupreme Court of Iowa · 1948

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