Rainwater v. Hummell
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. Scott M. Ladd, Judge. Action against an administrator and the sureties on his bond, to recover the amount of a balance of the distributive share of an heir of the intestate, which the administrator was, by order of the court of probate, required to pay. The cause was tried to the court without a jury, and judgment rendered for plaintiff against the administrator, and for the sureties. The administrator appeals.
1Opinion of the CourtBeck, J.
I. The defendants in their answer admit that the administrator was ordered by the court of probate, upon a report made by him, to pay to plaintiff the sum claimed in this action ; that the administrator tendered to plaintiff the sum he was ordered to pay plaintiff, which was refused; and thereupon the administrator deposited the money in a bank, to the credit of plaintiff, notifying him thereof; and that the bank failed, and plaintiff lost his money, by reason of his failure to accept it when tendered. The plaintiff, in a reply, denies the allegations of the answer.
' admission of II. The…
2Cases cited3 opinions
- Phelps v. KathronSupreme Court of Iowa · 1870
- Babcock v. HarrisSupreme Court of Iowa · 1873
- Gray v. GrahamSupreme Court of Iowa · 1872
3Cited by2 opinions
- Ahrens v. FentonSupreme Court of Iowa · 1908
- Moore v. MooreCourt of Appeals for the D.C. Circuit · 1917