Dougherty v. Deeney
Supreme Court of Iowa
Appeal from Allamakee Cireuit Court. The plaintiff, as administrator of the estate of Patrick Deeney’, deceased, claims of the defendants the amount of a promissory note for the sum of $281.00, executed to Charles O’Neil, August 25th, 1866, due fifteen months after date, with interest at the fate of ten per cent, and alleges that Patrick Deeney purchased it in his lifetime, and it was transferred to him by delivery and assignment, without indorsement.
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Appeal from Allamakee Cireuit Court. The plaintiff, as administrator of the estate of Patrick Deeney’, deceased, claims of the defendants the amount of a promissory note for the sum of $281.00, executed to Charles O’Neil, August 25th, 1866, due fifteen months after date, with interest at the fate of ten per cent, and alleges that Patrick Deeney purchased it in his lifetime, and it was transferred to him by delivery and assignment, without indorsement. The defendants deny that Patrick Deeney acquired said note by purchase, and that it was transferred to him by delivery and assignment, and they…
1Opinion of the Court
Day, J. —
The evidence shows that Isaac Becktel was trustee and managed the estate of Charles O’Neil, the payee of the note, and that he left the note in question with the firm of Kerndt and Bro., of Lansing, for collection, or for safe keeping. Moritz Kerndt, a member of the firm, produced a memorandum book of the firm, upon which entries were first made, and also book “J,” to which the entries were transferred the same evening or the next day. There is an entry upon the *20memorandum book, as follows: “June 17, 1867, Isaac Beck-tel, Cr. Cash by Deeney $250.00.” In book “J,” there is an entry as…
2Cited by3 opinions
- Gable v. HainerSupreme Court of Iowa · 1891
- Dougherty v. DeeneySupreme Court of Iowa · 1877
- Burke v. HigginsAppellate Division of the Supreme Court of the State of New York · 1917