Des Moines Savings Bank v. Kennedy
Supreme Court of Iowa
Appeal from Polk District Court. — PSAon. Jesse A. Miller, Judge. Action to recover amount alleged to be due on three promissory notes resulted in judgment as prayed. Thereafter defendant died, and Casper Schenk was appointed administrator of the estate on the petition of plaintiff.
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Appeal from Polk District Court. — PSAon. Jesse A. Miller, Judge. Action to recover amount alleged to be due on three promissory notes resulted in judgment as prayed. Thereafter defendant died, and Casper Schenk was appointed administrator of the estate on the petition of plaintiff. As he was a member of the firm of Schenk & Berryhill, who represented plaintiff in the action, Robert O. Brennen, Esq., was appointed by the court to prosecute this appeal in behalf of the administrator.
1Opinion of the CourtLadd, J.
1. Limitation of denceN!of non-residence. Upon the introduction of all of the evidence, the court withdrew all the issues from the jury save that of the plea of the statute of limitations. One of the notes became due March 19, 1896, an-77 other March 20, 1896, and the third Decem]jer 1896. Suit was begun January 26, 1907, so that the suit was barred by the statute declaring that actions on written contracts shall be brought within ten years after the causes thereon accrue (section 3447, Code), unless since then the maker had been a nonresident of the State for a time longer than the period…
2Cases cited13 opinions
- State v. SmithSupreme Court of Iowa · 1906
- Morris v. Georgia Loan, Savings & Banking Co.Supreme Court of Georgia · 1899
- Mann v. TaylorSupreme Court of Iowa · 1889
- Love v. CherrySupreme Court of Iowa · 1868
- McQuillan v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1902
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3Cited by5 opinions
- Bristow v. LangeSupreme Court of Iowa · 1936
- Ruth & Clark, Inc. v. EmerySupreme Court of Iowa · 1943
- Nelson v. NelsonSupreme Court of Iowa · 1958
- Dolan v. KeppelSupreme Court of Iowa · 1920
- Riddle v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1926