Portman v. Klemish
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. The plaintiff, as administrator of the estate of A. Cimbra, deceased, avers that the defendant has wrongfully taken possession of and converted the property of the estate to the amount of $500, and he asks judgment against the defendant for that amount. The defendant denies all wrongful interference with the estate. Judgment was rendered for the defendant. Plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.. . wuirMawiity f°r. Cimbra died testate, having devised his property to his wife, and appointed her executrix. She never qualified as executrix, and the plaintiff was apP0*11^ m her stead. Before Cimbra died he requested the defendant to assist his wife in settling the estate. After his death the defendant took certain promissory notes belonging to the estate and deposited them with one Kapler. Some of the notes were paid while in Kapler’s hands. The money paid upon the notes to Kapler was by Kapler paid to defendant, who used it in paying debts of the estate. A part of the…
2Cases cited1 opinion
- Watson v. Van MeterSupreme Court of Iowa · 1876
3Cited by10 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Crawford v. BergenSupreme Court of Iowa · 1894
- Merrill v. ComstockWisconsin Supreme Court · 1913
- Crispin v. WinklemanSupreme Court of Iowa · 1881
- Williams v. BrownSupreme Court of Iowa · 1889
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