Legal Opinion

Wilson v. Green

Supreme Court of Iowa

Decided October 11, 1878PublishedCited by 9 opinions

Appeal from Linn District Court ActioN in equity. The petition states that in March, 1857, the defendants were engaged in business at Council Bluffs, Iowa, as bankers, general collection and real estate agents; that the plaintiff then and ever since has resided in Pennsylvania, and on the 6th day of said month he “entered into a verbal agreement with the defendants, under which he sent them one thousand dollars, which defendants agreed to receive and hold in trust for him,…

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Appeal from Linn District Court ActioN in equity. The petition states that in March, 1857, the defendants were engaged in business at Council Bluffs, Iowa, as bankers, general collection and real estate agents; that the plaintiff then and ever since has resided in Pennsylvania, and on the 6th day of said month he “entered into a verbal agreement with the defendants, under which he sent them one thousand dollars, which defendants agreed to receive and hold in trust for him, and as soon thereafter as opportunity should present itself invest the same or an equal sum in real estate for the use…

1Opinion of the CourtSeevers, J.

1. trust: breach of: satatute of limitations. Begarding this cause as triable only on errors duly assigned, we proceed to a consideration of the questions presented in the record, The facts upon which the case must turn are not and cannot be disputed. Whatever agreement was entered into was by correspondence, and whether a trust was created must be determined therefrom.

In March, 1857, the plaintiff wrote to the defendants making inquiry as to the opportunities for making investments, to which the defendants replied on March 6th: “We can at this time make a good cash investment in real estate…

2Cases cited1 opinion

  1. MacGregor v. MacGregorSupreme Court of Iowa · 1859

3Cited by9 opinions

  1. Murphy v. MurphySupreme Court of Iowa · 1890
  2. Long v. ValleauSupreme Court of Iowa · 1893
  3. Romp v. MahinSupreme Court of Iowa · 1913
  4. Blackett v. ZieglerSupreme Court of Iowa · 1910
  5. Lamkin v. LamkinSupreme Court of Iowa · 1916

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