Hellman v. Kiene
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. This is a proceeding under an assignment for the benefit of creditors. A claim filed by plaintiff was rejected by the decision of the circuit court. Plaintiff appeals.
1Opinion of the CourtBeck, J.
I. William Stolteben assigned his property to defendant for the benefit of his creditors. The plaintiff filed a claim with the assignee, based upon six promissory *449notes made to him by the assignor. As to five, there is no dispute; but the assignee and the creditors, other than plaintiff, object to the payment of the other one, on the ground that it was barred by the statute of limitations before the assignment. After the claim of plaintiff was filed with the assignee, the assignor made a promise in writing to pay this note. The circuit court held that this new promise does not remove the bar…
2Cases cited3 opinions
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Day v. BaldwinSupreme Court of Iowa · 1872
- Sanders v. RobertsonMississippi Supreme Court · 1852
3Cited by7 opinions
- Gilman v. HeitmanSupreme Court of Iowa · 1907
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Burns v. BurnsSupreme Court of Iowa · 1943
- Mendini v. MilnerIdaho Supreme Court · 1929
- May v. MathersSupreme Court of Alabama · 1937
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