Legal Opinion

Turner v. Potter

Supreme Court of Iowa

Decided June 11, 1881PublishedCited by 1 opinion

Appeal from Des Movnes Circuit Court. This is an action upon six promissory notes. The following is a copy of one, the others being of about the same tenor and effect. “$500.00 . Burlington, Oct. 20, 1873. “Three months after date we promise o ^ay Turner & Go. five hundred dollars, with interest at ten per cent. “Burlington & Southwestern Eailway Go.

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Appeal from Des Movnes Circuit Court. This is an action upon six promissory notes. The following is a copy of one, the others being of about the same tenor and effect. “$500.00 . Burlington, Oct. 20, 1873. “Three months after date we promise o ^ay Turner & Go. five hundred dollars, with interest at ten per cent. “Burlington & Southwestern Eailway Go. Y. K. Moore, A. Te.” ' It is averred in the petition and amendments thereto that the notes in suit are the individual notes of E. B. Ward, deceased, of whose estate the defendant Potter is execútor. The grounds of such claim, briefly stated, are…

1Opinion of the Court

Rothrock J.

I. The contract under which the decedent Ward was in possession of the railroad is fully set forth in the case of the United States Rolling Stock Company v. Potter, 48 Iowa, 56, where it was held that said contract was not a lease, and that Ward was not individually liable upon an undertaking entered into by the company prior to his contract therewith. It follows that the plaintiff herein had no right of action against Ward for his claim against the company. All of the indebtedness originated before the contract was made. It is insisted, however, thatnihe estate of Ward is…

2Cases cited2 opinions

  1. Muldowney v. Illinois Central R. R.Supreme Court of Iowa · 1871
  2. United States Rolling Stock Co. v. PotterSupreme Court of Iowa · 1878

3Cited by1 opinion

  1. Schuling v. ErvinSupreme Court of Iowa · 1918

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