Legal Opinion

Moser v. Crooks

Supreme Court of Iowa

Decided July 27, 1871PublishedCited by 8 opinions

Appeal from Boone Gvrcuit Court. In this case plaintiff filed a claim against the estate of William Pollock, deceased, based upon an account for board and lodging, office rent and care of horse from 1855 to November 27, 1869, and for special care of decedent for ten years previous to bis decease. Each different cause of claim is charged in one item and not in separate items charged at different dates.

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Appeal from Boone Gvrcuit Court. In this case plaintiff filed a claim against the estate of William Pollock, deceased, based upon an account for board and lodging, office rent and care of horse from 1855 to November 27, 1869, and for special care of decedent for ten years previous to bis decease. Each different cause of claim is charged in one item and not in separate items charged at different dates. Included in the claim are two items for money advanced for the payment of two notes given by decedent. The whole amount of the claim is $15,502.08. The administrator pleaded as a defense the bar…

1Opinion of the CourtBeck, J.

I. Defendant’s counsel insist that the evidence does not support the judgment of the circuit court. This objection first demands our attention. That deceased boarded with plaintiff, occupied his office and had his *174horse kept by plaintiff, for the time specified in the claim filed, are facts established beyond a doubt by the evidence. The evidence in an equally satisfactory manner sustains the finding of the court as to the value of the services. But defendant alleges that during the time the claim was accruing the parties were copartners, and that plaintiff was paid by the proceeds of their…

2Cited by8 opinions

  1. Soderland v. GraeberSupreme Court of Iowa · 1921
  2. Cedar County v. SagerSupreme Court of Iowa · 1894
  3. E. A. Higley & Co. v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1896
  4. Carroll v. McCoySupreme Court of Iowa · 1874
  5. In Re NelsonSupreme Court of Iowa · 1940

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