Higgins v. Mendenhall
Supreme Court of Iowa
Appeal from Jefferson Circuit Court. The averments of the petition substantially are: That in May, 1865, there was a settlement had between plaintiff and Daniel Mendenhall, deceased, in which there was a mistake, and that Mendenhall knew of this mistake, and fraudulently concealed it, and accepted the money paid him by plaintiff, who did not know of the mistake and fraud until October, A. D. 1874. This action was commenced in December, 1874, to recover the amount paid by him…
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Appeal from Jefferson Circuit Court. The averments of the petition substantially are: That in May, 1865, there was a settlement had between plaintiff and Daniel Mendenhall, deceased, in which there was a mistake, and that Mendenhall knew of this mistake, and fraudulently concealed it, and accepted the money paid him by plaintiff, who did not know of the mistake and fraud until October, A. D. 1874. This action was commenced in December, 1874, to recover the amount paid by him through said mistake. Defendant demurred on the ground that the cause of action was barred by the statute of…
1Opinion of the Court
Servers, Ch. J.
In 1870 the General Assembly enacted the following: ■ “In actions for relief on the ground of fraud or mistake, * * the cause of action shall not be deemed to have áccrued until the fraud or mistake 'x' * shall have been discovered by the party aggrieved.” Laws Thirteenth General Assembly, Chap. 167, Sec. 9. This law took effect by publication on the 29th day of April, A. D. 1870. According to the averments in the petition, the mistake and fraud occurred in May, A. D. 1865. Under the Revision, Sec. 2710, which was in force at the time the law of 1870 took effect, the action was…
2Cited by7 opinions
- Newgirg v. BlackSupreme Court of Iowa · 1916
- Harwood v. QuinbySupreme Court of Iowa · 1876
- McGinnis v. HuntSupreme Court of Iowa · 1878
- Higgins v. MendenhallSupreme Court of Iowa · 1879
- Baird v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1900
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