Legal Opinion

Reeves v. Hunter

Supreme Court of Iowa

Decided April 8, 1919PublishedCited by 13 opinions

Appeal from Wcvpello District Oowrt. — -Seneca Cornell, Judge. Action on a promissory note for f325 against the maker, Charles L. Hunter, an incompetent and spendthrift, and against H. H. Harrold, his guardian. The plaintiff obtained the note from Hunter while he was under guardianship, the consideration thereof being an old automobile, which was received by Hunter and soon thereafter abandoned by him at a repair shop.

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Appeal from Wcvpello District Oowrt. — -Seneca Cornell, Judge. Action on a promissory note for f325 against the maker, Charles L. Hunter, an incompetent and spendthrift, and against H. H. Harrold, his guardian. The plaintiff obtained the note from Hunter while he was under guardianship, the consideration thereof being an old automobile, which was received by Hunter and soon thereafter abandoned by him at a repair shop. The defense of incompetency and guardianship was avoided by the plaintiff by pleading that he sold the automobile in regular course of business, without knowledge of the…

1Opinion of the CourtEvans, J.

In September, 1915, a guardianship was established by regular proceedings over Charles L. Hunter on the ground that he was air incompetent, and that he was squandering his property. Daugherty was appointed his permanent guardian. On July 28, 1916, while said guardianship was in full force and effect, and while Daugherty was still acting as his permanent guardian, the'plaintiff obtained from Charles L. Hunter the execution of the note in question, as the consideration for a secondhand automobile. Subsequently, Daugherty resigned as guardian, and the defendant Harrold was appointed, and is made…

2Cases cited10 opinions

  1. Hughes v. . JonesNew York Court of Appeals · 1889
  2. American Trust & Banking Co. v. BooneSupreme Court of Georgia · 1897
  3. Behrens v. McKenzieSupreme Court of Iowa · 1867
  4. Wadsworth v. . Sharpsteen and MoffatNew York Court of Appeals · 1853
  5. Chew v. Bank of BaltimoreCourt of Appeals of Maryland · 1859

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3Cited by13 opinions

  1. Waddy v. GrimesSupreme Court of Virginia · 1930
  2. Davis Ex Rel. Davis v. JohnsonNorth Dakota Supreme Court · 1960
  3. Borogan v. LynchSupreme Court of Iowa · 1927
  4. Sjulin v. Clifton Furniture Co.Supreme Court of Iowa · 1950
  5. Robinson v. IrwinSupreme Court of Iowa · 1927

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