Henry v. Day
Supreme Court of Iowa
Appeal from Pottawattamie District Gourt. — Hon. A. B. Thornell, Judge. A petition in equity was filed in-the district court asking permission to file and have heard a claim against an estate. The petition was granted, and a hearing ordered. The defendant appeals.
1Opinion of the CourtSherwin, J.
The plaintiff’s claim against the defendant is a promissory note executed to him by the decedent, George Metcalf. It was not filed against the estate within the statutory time, and the plaintiff in this action asks leave to file the same, and to have a hearing thereon, and alleges that soon after the appointment of the defendant as administrator he saw him personally in relation to his claim, and was by the defendant told that the estate of George Metcalf was insolvent, that it could not pay any claims of this class, and that it would be useless to file it. The plaintiff says that he relied…
2Cases cited3 opinions
- Brewster v. KendrickSupreme Court of Iowa · 1864
- Pettus v. FarrellSupreme Court of Iowa · 1882
- Ury v. BushSupreme Court of Iowa · 1892
3Cited by5 opinions
- Nichols v. HarshSupreme Court of Iowa · 1926
- Craig v. Estate of CraigSupreme Court of Iowa · 1914
- Asher v. PeggSupreme Court of Iowa · 1909
- State v. MorganOregon Supreme Court · 1935
- State Ex Rel. Parmenter v. District CourtMontana Supreme Court · 1941