Schaafs v. Wentz
Supreme Court of Iowa
Appeal from Plymouth District Court. — Hon. John F. Oliver, Judge. Action to recover of defendant the amount of a certain promissory note and book account due and owing the plaintiff from one Mathew Neisus, deceased. Plaintiff alleges that the defendant orally promised and agreed to pay the same, in consideration of the use of the property left by the decedent.
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Appeal from Plymouth District Court. — Hon. John F. Oliver, Judge. Action to recover of defendant the amount of a certain promissory note and book account due and owing the plaintiff from one Mathew Neisus, deceased. Plaintiff alleges that the defendant orally promised and agreed to pay the same, in consideration of the use of the property left by the decedent. The defendant denies the promise, and says that, if any was made, it was within the statute of frauds, and is not binding upon him. The case, on these issues, was tried to a jury, and at the conclusion of plaintiff’s evidence the court…
1Opinion of the CourtDeemer, J.
Matthew Neisus died intestate on the fourth day of July, 1898, leaving a widow and one *709child surviving. At the time of his death he was indebted to plaintiff on the note and book account before referred to, and to various other persons, whose claims were thereafter assigned to defendant. The amount of these claims, excluding that held by plaintiff, was six hundred and seventy-four dollars and twelve cents. Three hundred and twenty dollars of this sum was for rent, and this claim was a lien upon all of the nonexempt property owned by the deceased, for it had been kept and used upon the leased…
2Cases cited2 opinions
- Helt v. SmithSupreme Court of Iowa · 1888
- Wilson v. SmithSupreme Court of Iowa · 1887
3Cited by4 opinions
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Kladivo v. MelbergSupreme Court of Iowa · 1929
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
- Leytham v. McHenrySupreme Court of Iowa · 1930