Legal Opinion

United States Rolling Stock Co. v. Potter

Supreme Court of Iowa

Decided April 2, 1878PublishedCited by 5 opinions

Appeal from Des Moines Circuit County. The plaintiff filed its petition against O. W. Potter, Samuel E. Mumford, George H. Wyman, and T. C. Owen, executors of the estate of Eber Ward, deceased, representing that about May 10, 1873, plaintiff entered into a written contract with the Burlington and Southwestern Bailway Company, agreeing to rent said company certain rolling stock, to be used upon said railway company’s road, at eight dollars per day for each locomotive; that…

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Appeal from Des Moines Circuit County. The plaintiff filed its petition against O. W. Potter, Samuel E. Mumford, George H. Wyman, and T. C. Owen, executors of the estate of Eber Ward, deceased, representing that about May 10, 1873, plaintiff entered into a written contract with the Burlington and Southwestern Bailway Company, agreeing to rent said company certain rolling stock, to be used upon said railway company’s road, at eight dollars per day for each locomotive; that about May 10, 1873, in accordance therewith, two locomotives and tenders were delivered to said railway company, and were…

1Opinion of the CourtDay, J.

i. pbaotioe: mijiistrátor. I. The plaintiff appeals from the order of the court setting aside the judgment by default, and permitting a defense. The original executors of the estate of Eber B. Ward were O.W. Potter, Samuel R. Mumford, George H. Wyman, and T. C. Owen, all non-residents of this State, the said Eber B. Ward being, at the time of his death, a resident of the State of Michigan. Administration was granted to these executors in. Iowa, pursuant to the provisions of section 2368 of the Code, on the 12th day of April, 1875. O. W. Potter filed his final report and resignation as…

2Cases cited1 opinion

  1. Boals v. ShulesSupreme Court of Iowa · 1870

3Cited by5 opinions

  1. Belknap v. BelknapSupreme Court of Iowa · 1912
  2. First National Bank v. OwenSupreme Court of Iowa · 1879
  3. Wagoner v. RingSupreme Court of Iowa · 1932
  4. Iowa Windmill & Pump Co. v. BurrisSupreme Court of Iowa · 1917
  5. Turner v. PotterSupreme Court of Iowa · 1881

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