Robey & Robey v. Knowlton
Supreme Court of Iowa
Appeal from Benton Bist/riet Court. Plaintiees declare upon a note made November 9, 1855, due presently, by defendant and Ms wife, M. A. Knowlton, now deceased. It was made to Osborne as guardian of plaintiffs, and on the back thereof had this indorsement: “ The within is the amount of my third of the Robey farm. M. A. Knowlton.”
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Appeal from Benton Bist/riet Court. Plaintiees declare upon a note made November 9, 1855, due presently, by defendant and Ms wife, M. A. Knowlton, now deceased. It was made to Osborne as guardian of plaintiffs, and on the back thereof had this indorsement: “ The within is the amount of my third of the Robey farm. M. A. Knowlton.” The note was made in New Hampshire, and the action was commenced in Hay, 1866. Defendant pleaded the statute of limitations, and plaintiffs relied upon his testimony to show that the cause of action still justly subsists. For the further facts see the opinion. Tried…
1Opinion of the CourtWright, J.
*5451 LimitationeivSenceof: defendant. *544The defendant’s testimony was substantially as follows: I made the note and have since paid it; *545my wife was tf16 widow of True Eobey, deceased, and mother of plaintiffs; I was told that the note was given for my wife’s share in her former husband’s real estate; there was no other consideration, and it was given as a voucher for such share; the guardian (Osborne) had received the money and wanted something to show that she had received the same; he deceased some time in 1865, and never claimed that I owed the note; I never knew plaintiffs had the note until…
2Cases cited1 opinion
- Porter v. McKinzieSupreme Court of Iowa · 1866
3Cited by1 opinion
- Howells v. PattonSupreme Court of Iowa · 1869