Blake v. Robinson
Supreme Court of Iowa
Appeal from Pottawattamie District Court.— Hon. O. D1. Wheeler., Judge. Action to recover the amount of two accounts held by plaintiff against one Virginia Bobinson, now deceased, from defendant who was her administrator, upon an alleged promise made by him while acting as administrator to pay the same.
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Appeal from Pottawattamie District Court.— Hon. O. D1. Wheeler., Judge. Action to recover the amount of two accounts held by plaintiff against one Virginia Bobinson, now deceased, from defendant who was her administrator, upon an alleged promise made by him while acting as administrator to pay the same. Defendant first demurred to the petition, and after the overruling thereof answered, pleading the statute of frauds, the statute of limitations, and want of consideration for the alleged promise. On these issues the case was tried to a jury, resulting in a verdict and judgment for plaintiff,…
1Opinion of the CourtDeemeb, J.
The demurrer to the petition, and certain objections offered to plaintiff’s testimony, raise the question of the statute of frauds. It appears that plaintiff’s claims for goods sold and delivered the deceased were in existence *198when Virginia Robinson died; that defendant was her administrator; that he (defendant) was indebted to the deceased upon a note in the sum of $1,900, and he also held claims against her amounting to something like $1,000. Before the expiration of six months from the time of the appointment of the administrator plaintiff had a talk with him (defendant) about his…
2Cases cited5 opinions
- Johnson v. KnappSupreme Court of Iowa · 1873
- French v. FrenchSupreme Court of Iowa · 1892
- Harlan v. HarlanSupreme Court of Iowa · 1897
- MacGregor v. MacGregorSupreme Court of Iowa · 1859
- Crispin v. WinklemanSupreme Court of Iowa · 1881
3Cited by10 opinions
- Watt v. German Savings BankCourt of Appeals of Iowa · 1917
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
- Mowbray v. SimonsSupreme Court of Iowa · 1918
- Wright v. Iowa Southern Utilities Co.Supreme Court of Iowa · 1941
- Clayman v. BiblerSupreme Court of Iowa · 1930
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