McConaughy v. Wilsey
Supreme Court of Iowa
.Appeal from Harrison District Oourt. — Hon. G. W. Wakeeield, Judge. ’ Plaintiee filed a claim based on a promisory note against tbe estate of W. II. Wilsey, deceased, of wbicb de•fendant is tbe executor. Two> defenses were interposed: (1) Tbe general statutes of limitations; and (2) that tbe claim ■was not filed and proved witbin tbe time fixed by law for so •doing.
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.Appeal from Harrison District Oourt. — Hon. G. W. Wakeeield, Judge. ’ Plaintiee filed a claim based on a promisory note against tbe estate of W. II. Wilsey, deceased, of wbicb de•fendant is tbe executor. Two> defenses were interposed: (1) Tbe general statutes of limitations; and (2) that tbe claim ■was not filed and proved witbin tbe time fixed by law for so •doing. Tbe case was tried to tbe court as an equitable action, and judgment rendered rejecting and dismissing tbe claim, .and taxing costs to plaintiff. He appeals.'
1Opinion of the CourtWaterman, J.
1 2 We shall take up first for consideration the defense of the general statute of limitations. The claim was filed October 18, 1898. . The note is dated September 22, 1882, and was due, by its terms, four year’s after date. It is apparent it would have been barred September 25, 1896, if not revived under the terms of section 3456 of the Oode, which provides that “causes of action founded on contract are revived by an admission in writing signed by the party to be charged that the debt is unpaid, or by a like new promise to pay the same.” Such an admission and promise is relied upon here,…
2Cases cited6 opinions
- Penley v. WaterhouseSupreme Court of Iowa · 1856
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Miller v. BeardsleySupreme Court of Iowa · 1890
- Stout v. MarshallSupreme Court of Iowa · 1888
- McDonald v. BiceSupreme Court of Iowa · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Craig v. Estate of CraigSupreme Court of Iowa · 1914
- Mosher v. GoodaleSupreme Court of Iowa · 1906
- In Re Estate of NicholsonSupreme Court of Iowa · 1941
- Kleis v. McGrathSupreme Court of Iowa · 1905
- Koht v. DeanSupreme Court of Iowa · 1935
9 more not listed; retrieve them via the Exa API.