Dougherty v. Deeney
Supreme Court of Iowa
Appeal from Allamakee Circuit Court. The plaintiff, as administrator of the estate of Patrick Deeney, deceased, claims of the defendants the amount of a promissory note executed by the defendants, for the sum of $281.80, payable to Charles O’Neil or order, and alleges that Patrick Deeney in his lifetime purchased the note, and it was transferred to him by delivery and assignment without indorsement.
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Appeal from Allamakee Circuit Court. The plaintiff, as administrator of the estate of Patrick Deeney, deceased, claims of the defendants the amount of a promissory note executed by the defendants, for the sum of $281.80, payable to Charles O’Neil or order, and alleges that Patrick Deeney in his lifetime purchased the note, and it was transferred to him by delivery and assignment without indorsement. The defendants deny that Patrick Deeney acquired the note by purchase, and that it was transferred to him by delivery and assignment; and allege that the note was paid by the defendant, John B.…
1Opinion of the CourtDay, J.
I. Evidence was introduced tending to show that Isaac Becktel was trustee of Charles O’Neil’s estate, and *444managed it. The firm of Kerndt & Bros., of Lansing, made collections for Bechtel, as such trustee, and had possession of the note in controversy. Moritz Kerndt, a member of this firm, produced a memorandum book of the firm, upon which entries were first made, and also book “J,” to which the entries were transferred the same evening, or the next day. There is an entry upon the memorandum book as follows:
“June IT, 186T, Isaac Becktel, Or. Cash by Deeney, $250.” In book “ J ” there is an…
2Cases cited1 opinion
- Dougherty v. DeeneySupreme Court of Iowa · 1875
3Cited by6 opinions
- Binford v. AdamsIndiana Supreme Court · 1885
- Wyss v. GrunertWisconsin Supreme Court · 1900
- Bayh v. Ellis, Tr.Indiana Court of Appeals · 1936
- Bernard v. Fee's EstateMichigan Supreme Court · 1902
- Capwell v. MacHonSupreme Court of Rhode Island · 1900
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