Wilder v. Secor
Supreme Court of Iowa
Appeal from Winnebago District Court. AotioN for the conversion of a draft which plaintiff alleges he sent to defendants, who are attorneys at law, for collection. The district court sustained a demurrer to the petition, on the ground that it appeared, by the averments thereof, that the action was barred by the statute of limitations. Plaintiff appeals.
1Opinion of the CourtReed, J.
It is averred in the petition that in the year 1876, and prior thereto, defendants were employed by plaintiff, in their capacity as attorneys, to look after certain business matters in which he was concerned, and that, in the course of such employment, they collected a sum of money for him; that, in remitting said amount, they sent to him a draft or check drawn by one Robert Clark on a bank in Chicago; that, before said draft was presented, for payment to the payee, Clark died, and, when it was presented, payment was refused, and it was returned to plaintiff, who thereupon sent it *162to…
2Cases cited1 opinion
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
3Cited by17 opinions
- Faust v. HosfordSupreme Court of Iowa · 1903
- Ogg v. RobbSupreme Court of Iowa · 1917
- Pride v. PetersonSupreme Court of Iowa · 1970
- Des Moines Bank & Trust Co. v. George M. Bechtel & Co.Supreme Court of Iowa · 1952
- Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
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