Campbell v. Collins
Supreme Court of Iowa
Appeal from Marion District Court.— Hon. James D. Gamble, Judge. Action to recover $1,000 alleged to have been paid S. L. Collins on a note by mistake. Subsequent to the beginning of the action C'ollins died and the administrators of his estate were substituted as parties defendant. At the close of plaintiff’s evidence, a verdict was directed for defendants and judgment entered thereon. The plaintiff appeals.—
1Opinion of the Court
Ladd, J.—
1 „ wfthSoSe since deceased. The payee of the note of $1,632 executed by plaintiff and wife, was S. L. Collins, in his lifetime president of the Citizens’ National Bank of Knoxville. Had this note with indorsements thereon been received in evidence, payments thereon of $150, April. 2, 1898, $1,400, July 31, 1899, $500, December 18, 1899, and $121.61, April 11, 1900, would have been shown. The claim of plaintiff is that two other payments of-$500 each were made by mistake, the one on December 18, 1899, and the other on the following day. Most of the evidence tendered on the trial was…
2Cases cited4 opinions
- McElhenney v. HendricksSupreme Court of Iowa · 1891
- Walkley v. ClarkeSupreme Court of Iowa · 1899
- Furenes v. EideSupreme Court of Iowa · 1899
- Curd v. WisserSupreme Court of Iowa · 1903
3Cited by25 opinions
- O'Dell v. O'DellSupreme Court of Iowa · 1947
- Erwin v. FillenwarthSupreme Court of Iowa · 1912
- Kauffman v. LoganSupreme Court of Iowa · 1919
- In re the Will of WinslowSupreme Court of Iowa · 1910
- Barto v. HarrisonSupreme Court of Iowa · 1908
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