Collins v. Collins
Supreme Court of Iowa
Appeal from, Jones District Court. Action for a balance due upon account. The defendant answered admitting most of the items of plaintiff’s account, but claiming further credits by way of set-off, amounting to more than the sum claimed by plaintiff. The reply was a general denial of defendant’s items of set-off, and also a plea of the statute of limitations.
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Appeal from, Jones District Court. Action for a balance due upon account. The defendant answered admitting most of the items of plaintiff’s account, but claiming further credits by way of set-off, amounting to more than the sum claimed by plaintiff. The reply was a general denial of defendant’s items of set-off, and also a plea of the statute of limitations. The answer among other items set up a chattel mortgage executed by John Collins, the decedent, to the defendant to secure him for signing certain notes as surety for said John Collins, and also reciting that it was to secure the payment…
1Opinion of the CourtBothrock, J.
I. The. defendant introduced the chattel mortgage in evidence, as showing an acknowledgment of indebtedness in the sum of $.65.
*611 practice-instruction. *60The plaintiff introduced evidence tending to show that the *61mortgage in question was made at a time when the decedent been sued for a large amount of money, and tpat tjie chattel mortgage was made to defendant in trust, and that defendant had no promissory note of sixty-five dollars as described in the mortgage.
The court instructed the jury, in substance, that if the mortgage was given for the purpose of covering up the property of decedent and…
2Cited by11 opinions
- Bailey v. City of CentervilleSupreme Court of Iowa · 1899
- Starr Bros. v. StevensonSupreme Court of Iowa · 1894
- S. Rosenberger & Co. v. W. R. Marsh & Co.Supreme Court of Iowa · 1899
- Frohs v. City of DubuqueSupreme Court of Iowa · 1899
- State v. JohnsonSupreme Court of Iowa · 1974
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