Legal Opinion

King v. Gottschalk

Supreme Court of Iowa

Decided December 20, 1866PublishedCited by 14 opinions

Appeal from Dubuque District Court. Action on note : ownership : practice on appeal, &c.— Action before a justice of tbe peace. No petition was filed. Tbe notice informed defendants “ that John King, Geo. W. Scott, Emerine Kennedy, and M. Emerson, heirs at law to Samuel King, deceased, claim of you $85, due them, being balance due on a certain promissory note, dated, &c., for the sum of, &c., and made payable to Samuel King, or order, and unless you appear, &o.”

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Appeal from Dubuque District Court. Action on note : ownership : practice on appeal, &c.— Action before a justice of tbe peace. No petition was filed. Tbe notice informed defendants “ that John King, Geo. W. Scott, Emerine Kennedy, and M. Emerson, heirs at law to Samuel King, deceased, claim of you $85, due them, being balance due on a certain promissory note, dated, &c., for the sum of, &c., and made payable to Samuel King, or order, and unless you appear, &o.” Defendants simply “ denied plaintiff’s claims as heirs at law, to Samuel King deceased.” No further answer was filed, or defense…

1Opinion of the CourtDillon, J.

The court was right.

*514ac8on.m *513Reasons : Let it be granted that under our statute the wife’s choses in action do not, by mere operation of law, *514either pass to her husband or authorize him, against her consent, to sue upon them either in his own name- or in their joint names, still, she can give and delvoer them to him, and this would authorize him to sue. in his own name. Logan v. Hall, 19 Iowa, 491; Jones v. Jones, Id., 236; Peck v. Hendershott, 14 Id., 40. See and compare McDowell v. Bartlett, Id., 157; Oliver v. Depew, Id., 490.

2. promissory 8i0n-Being in possession of the note, suing upon…

2Cases cited2 opinions

  1. Logan v. HallSupreme Court of Iowa · 1865
  2. Pilmer v. Branch of State BankSupreme Court of Iowa · 1865

3Cited by14 opinions

  1. Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
  2. Alpha Checkrower Co. v. David Bradley & Co.Supreme Court of Iowa · 1898
  3. Schwennen v. AbellSupreme Court of Iowa · 1988
  4. Bigelow v. BurnhamSupreme Court of Iowa · 1894
  5. O'Keeffe v. First National BankSupreme Court of Kansas · 1892

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