Erusha v. Tomash
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. S. H- Pair-all, Judge. Proceeding in probate for an order for the return of money alleged to have been paid by mistake. There was a trial by the court, a finding in favor of the plaintiffs, and an order that the defendant pay to the plaintiffs the amount in controversy. The defendant appeals.
1Opinion of the CourtRobinson, J.
On the thirtieth day of March, 1887, the plaintiffs, John Erushaand Frances, his wife, made and delivered to Charles Tomash their promissory note, in writing, for the sum of three thousand five hundred dollars, with interest, payable two years after its date. Tomash died-' on the twelfth day of February, 1892. The defendant was appointed administrator of his estate, and qualified and is acting as such. It is claimed by the plaintiffs that, prior to the death of Tomash, several payments were made and indorsed on the note. After his death, the note passed into the possession of the defendant,…
2Cases cited7 opinions
- Johnson v. JohnsonSupreme Court of Iowa · 1879
- Bellows v. LitchfieldSupreme Court of Iowa · 1891
- Lines v. LinesSupreme Court of Iowa · 1880
- Smith v. JamesSupreme Court of Iowa · 1887
- Ruiter v. PlateSupreme Court of Iowa · 1889
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3Cited by13 opinions
- Mallow v. WalkerSupreme Court of Iowa · 1901
- O'Dell v. O'DellSupreme Court of Iowa · 1947
- Barto v. HarrisonSupreme Court of Iowa · 1908
- Shetler v. StewartSupreme Court of Iowa · 1906
- Tucker v. AndersonSupreme Court of Iowa · 1915
8 more not listed; retrieve them via the Exa API.