Legal Opinion

McNitt v. Helm

Supreme Court of Iowa

Decided February 22, 1871Published

Appeal from Tama District Court. Statute oe limitations. This cause has before been in this court. See 29 Iowa, 302. After it was remanded to the district court an amended answer was filed and it was again tried. The issue presented by the pleadings is whether the note, which is the foundation of the action, is barred by the statute of limitations.

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Appeal from Tama District Court. Statute oe limitations. This cause has before been in this court. See 29 Iowa, 302. After it was remanded to the district court an amended answer was filed and it was again tried. The issue presented by the pleadings is whether the note, which is the foundation of the action, is barred by the statute of limitations. The notes became due in 1853, the action was commenced in 1S69. Plaintiff, in his petition, avers that the debt still justly subsists and that the same will be proved by the answer of defendant and by his testimony as a witness. The amended answer…

1Opinion of the Court

Beck, Ch. J.

The evidence of defendant is to the effect that he executed the notes, which were given for certain property, purchased at an administrator’s sale, as the agent of another; his agency was made known to the administrator. A day or two after the..sale, the administrator called upon defendant, representing that he wanted a note for the property sold,. and desired it to be ' executed on that day. The party who had bought the property,. and a brother of defendant, who, it seems, liad, after the sale, come into the possession of the property under the purchaser, were absent. The…

2Cases cited1 opinion

  1. Howells v. PattonSupreme Court of Iowa · 1869

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