Collins v. Bane
Supreme Court of Iowa
Appeal from Marion Circuit Court. On tbe 28th day of Ja-nnary, 1870, the plaintiff filed his petition, claiming of the defendants, David Bane and Cruson Bane, $800 upon a promissory note made on the 27th day of May, 1856, by. the defendants, David Bane and Cruson Bane, jointly and severally, to the plaintiff’s intestate, Bobert Bane, for $336, payable six months after date, with interest.
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Appeal from Marion Circuit Court. On tbe 28th day of Ja-nnary, 1870, the plaintiff filed his petition, claiming of the defendants, David Bane and Cruson Bane, $800 upon a promissory note made on the 27th day of May, 1856, by. the defendants, David Bane and Cruson Bane, jointly and severally, to the plaintiff’s intestate, Bobert Bane, for $336, payable six months after date, with interest. The plaintiff averred that Bobert Bane died in May, 1868; that plaintiff had been duly appointed administrator of his estate; that said note is plaintiff’s property, and wholly unpaid; that he expects to…
1Opinion of the CourtCole, J.
1. action: commencement of action: original notice. I. It is seldom that a cause is submitted to us, upon printed argument, evincing more ability and thoroughness of research, than are manifest in the arguments of the respective counsel in this, One questioning, in its nature preliminary, first demands our attention. Our statute of limitations (Revis*388ion, section 2742), which enacts that the limitation prescribed by it “shall not apply, if from the answer of defendant, or from his testimony as a witness, it appears affirmatively that the cause of action still justly subsists,” was repealed by…
2Cases cited3 opinions
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Penley v. WaterhouseSupreme Court of Iowa · 1856
- McNitt v. HelmSupreme Court of Iowa · 1870
3Cited by8 opinions
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Senninger v. RowleySupreme Court of Iowa · 1908
- Sibert v. WilderSupreme Court of Kansas · 1876
- Doran v. DoranSupreme Court of Iowa · 1909
- Miller v. BeardsleySupreme Court of Iowa · 1890
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