Helt v. Smith
Supreme Court of Iowa
Appeal from, Des Moines District Court..— Hon. Charles H. Phelps, Judge. Action on an alleged parol promise Ny defendant to pay a debt -which one H. A. Hills was owing to plaintiff. Yerdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtReed, J.
1. statute of promise to §ebta”con“’s eideration. I. A question in the case is whether the alleged promise by defendant is within the statute of frauds. The evidence shows that plaintiff had instituted a suit on a written demand against Hills,i and had sued out a writ of attachment, which had been levied on certain personal property. Hills was offering his property for .sale at public auction, and plaintiff, deeming the property seized in the writ insufficient to secure his debt, w,ent to Hills’ place on the day of the sale, accompanied by the sheriff, who had the writ, with the intention of…
2Cases cited4 opinions
- Johnson v. KnappSupreme Court of Iowa · 1873
- Blair Town Lot & Land Co. v. WalkerSupreme Court of Iowa · 1874
- Westheimer v. PeacockSupreme Court of Iowa · 1856
- Chamberlin v. IngallsSupreme Court of Iowa · 1874
3Cited by4 opinions
- Cape v. Plymouth Congregational ChurchWisconsin Supreme Court · 1906
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
- Schaafs v. WentzSupreme Court of Iowa · 1897
- Maine Candy & Products Co. v. TurgeonSupreme Judicial Court of Maine · 1925