Seevers v. Hamilton
Supreme Court of Iowa
Appeal from the Mahaska District Court. The plaintiff sets forth in his petition, the following state of facts, on which he seeks to recover of the defendants : That in January, 1811, the defendant, Rebecca G. Hamilton, residing in the State of Ohio, was the widow of John Adamson, late deceased; that among the goods and effects of said Adamson, at the time of his death, were found three several promissory notes, made by one William Downing, of the State of Kentucky, and…
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Appeal from the Mahaska District Court. The plaintiff sets forth in his petition, the following state of facts, on which he seeks to recover of the defendants : That in January, 1811, the defendant, Rebecca G. Hamilton, residing in the State of Ohio, was the widow of John Adamson, late deceased; that among the goods and effects of said Adamson, at the time of his death, were found three several promissory notes, made by one William Downing, of the State of Kentucky, and payable to said John Adamson ; that these promissory notes were taken possession of by the said Rebecca, as the widow of…
1Opinion of the CourtStockton, J.
— It is no obstacle to the right of the plaintiff to recover, that the suit against Downing was prosecuted in the name of Trotter, as plaintiff. The notes on which the suit was brought, were payable to bearer, and the action upon them, by Trotter, in his own name, was susceptible of explanation. It is shown that it was so 'brought, to obviate the necessity of a bond for costs by Mrs. Adamson, she being a non-resident of the State. We cannot say that such a step is unusual among attorneys who have claims sent to them from a distance for collec*202tion; or that it is so out of the usual and proper…
2Cited by2 opinions
- Seevers v. HamiltonSupreme Court of Iowa · 1860
- Yokom v. McBrideSupreme Court of Iowa · 1881