Preston v. Day
Supreme Court of Iowa
Appeal from Linn District Court. Claims against decedent’s estate : limitation : EQUITABLE circumstances. — Action against the executor of the estate of Nathan M. Day, deceased, to recover divers sums of money, alleged to have been received by tbe decedent, “for the use of tbe plaintiff,” as per an account for $162 annexed to the petition; tbe first item being in November, 1855, and tbe last in August, 1856. Tbe questions arise upon demurrer to the petition, and are two,…
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Appeal from Linn District Court. Claims against decedent’s estate : limitation : EQUITABLE circumstances. — Action against the executor of the estate of Nathan M. Day, deceased, to recover divers sums of money, alleged to have been received by tbe decedent, “for the use of tbe plaintiff,” as per an account for $162 annexed to the petition; tbe first item being in November, 1855, and tbe last in August, 1856. Tbe questions arise upon demurrer to the petition, and are two, viz.; 1. Whether tbe equitable circumstances alleged in tbe petition (Rev., § 2405) are sufficient to entitle tbe plaintiff…
1Opinion of the CourtDillon, J.
x. exkcu«rniiauon: claim for relief. The petition filed in May, 1864, alleges that Day at his death “ held against the plaintiff three notes amounting to about $150; that in June, 1861, soon after the death of Day, the then executor pre- -- ¶ i • • ¶ sented the notes for payment to the plaintiff, who then informed the executor that he held the account now in suit; that the executor then agreed with plaintiff that said account should be made out and so much of said account as should be due and unpaid,' he would allow as a payment, a set-off on said notes; that relying on said assurance,…
2Cases cited3 opinions
- Brewster v. KendrickSupreme Court of Iowa · 1864
- McCormack v. CookSupreme Court of Iowa · 1860
- Ferrall v. IrvineSupreme Court of Iowa · 1861
3Cited by2 opinions
- Senat v. FindleySupreme Court of Iowa · 1879
- Shomo v. BissellSupreme Court of Iowa · 1865