Legal Opinion

French v. French

Supreme Court of Iowa

Decided May 18, 1894PublishedCited by 4 opinions

Appeal from Mitchell District Court. — Hon. J. O. . Sherwin, Judge. This case was in this court on appeal before, and is reported in 84 Iowa, at page 655, 51 N. W. Eep. 145. The facts are there stated, and, as the cause was retried on the same issues, it is not important that we should restate them here. It is sufficient to say that the action is upon a promissory note, with a defense of want of consideration.

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Appeal from Mitchell District Court. — Hon. J. O. . Sherwin, Judge. This case was in this court on appeal before, and is reported in 84 Iowa, at page 655, 51 N. W. Eep. 145. The facts are there stated, and, as the cause was retried on the same issues, it is not important that we should restate them here. It is sufficient to say that the action is upon a promissory note, with a defense of want of consideration. At the close of the testimony, the court directed a verdict for the plaintiff, and from a judgment thereon the defendant appealed.

1Opinion of the Court

Granger, O. J.

*1411 *140I. Some facts which are conceded or established conclusively, will, if stated at the outset, be of great advantage in the consideration of the case, and they are, that a note for three hundred and twenty-one dollars was executed by defendant’s husband, J. W. French, to Seth P. French, the husband of the plaintiff; that the note was in fact the property of the plaintiff; that'J. W. French died, leaving an estate, *141and no administration of Ms estate was had, and the defendant, as his widow, took possession of the property of the estate, and has either disposed of or retains the…

2Cases cited1 opinion

  1. Elder v. LittlerSupreme Court of Iowa · 1863

3Cited by4 opinions

  1. Thompson v. DeedsSupreme Court of Iowa · 1895
  2. Gould v. GunnSupreme Court of Iowa · 1913
  3. Sponhaur v. MalloyIndiana Court of Appeals · 1898
  4. Cone v. ConeSupreme Court of Iowa · 1902

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