Kirchner v. Lenz
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. M. J. Wade, Judge. Plaintiee alleges that on the twelfth day of July, 1898, deceased loaned to defendant $2,400; that Peter Lenz was appointed administrator, and filed an inventory charging himself with $1,400 as money loaned to him. The defendant has never paid said $2,400, wherefore plaintiff asked judgment.
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Appeal from Johnson District Court. — Hon. M. J. Wade, Judge. Plaintiee alleges that on the twelfth day of July, 1898, deceased loaned to defendant $2,400; that Peter Lenz was appointed administrator, and filed an inventory charging himself with $1,400 as money loaned to him. The defendant has never paid said $2,400, wherefore plaintiff asked judgment. The defendant, answering, denies* that he borrowed $2,400 from deceased, “but says-that he on the sp-'-i day borrowed of said deceased only the sum of $1,400;” admits that he filed an inventory charging himself with $1,400, and that he has…
1Opinion of the CourtGiven, C. J.
I. The sole issue is whether $1,000 of the money received by the defendant from the deceased was a gift. The receipt of the money being admitted, the pre*528sumption is that thereby the defendant became indebted to deceased to the full amount received, and the burden is on the defendant to overcome this presumption, and to show tha'fc $1,000 of the money was a gift. Appellant’s counsel say: “While we consider that mere delivery and acceptance do not far se constitute a gift, and the parties must deliver and accept with the intention of making the transaction a gift, we do insist that proof of…
2Cited by6 opinions
- Matter of Estate of CrabtreeSupreme Court of Iowa · 1996
- Alcor Life Extension Foundation v. RichardsonCourt of Appeals of Iowa · 2010
- Roberts v. MorseSupreme Court of Iowa · 1921
- Malcor v. JohnsonSupreme Court of Iowa · 1937
- Flint v. VarneySupreme Court of Iowa · 1935
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