Ware v. Howley
Supreme Court of Iowa
Appeal from Webster Oireuit Cov/rt. The plaintiff is administrator of the estate of George Ware, •deceased. This action was brought to recover $200, and interest, upon a promissory note made by the defendants, and payable to said George Ware or bearer.
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Appeal from Webster Oireuit Cov/rt. The plaintiff is administrator of the estate of George Ware, •deceased. This action was brought to recover $200, and interest, upon a promissory note made by the defendants, and payable to said George Ware or bearer. The defendants admitted the execution of the note, but they alleged that they did not owe anything thereon, and that when said note was executed to the decedent he was indebted to the defendants in the sum of $338, for which he had given his due-bill; and that it was verbally agreed between defendants and decedent, when the note was executed,…
1Opinion of the CourtEothrook, J.
The cause was submitted to the court upon the pleadings and an agreed statement of facts, without other evidence. The facts, therefore, are not in dispute, and they are as follows: George Ware, deceased, was, at the time of his death, a resident of Dallas county. He died on the sixth day of February, 1882; and on the thirteenth day of April, in the same year, the plaintiff was appointed administrator of the estate by the circuit court of Dallas county, and on the same day gave notice of his appointment; and the estate is in process of settlement in that court. The note in suit was executed by…
2Cases cited3 opinions
- Lay v. Mechanics' BankSupreme Court of Missouri · 1875
- Lucore v. KramerSupreme Court of Iowa · 1867
- Willcox v. JacksonSupreme Court of Iowa · 1879
3Cited by11 opinions
- Dallas Dome Wyoming Oil Fields Co. v. BrooderWyoming Supreme Court · 1939
- Secor v. SiverSupreme Court of Iowa · 1914
- Fishburne v. Merchants BankWashington Supreme Court · 1906
- Wells v. OrdwaySupreme Court of Iowa · 1899
- Smeaton v. ColeSupreme Court of Iowa · 1903
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