McCutchen v. Roush
Supreme Court of Iowa
Appeal from Ida District Court.— HoN. Z. A. Church, Judge. These two eases tried separately in the lower court are submitted together; the records in the two cases and the questions involved being to a considerable extent identical. In each case the plaintiff presented a claim in behalf of her ward against the estate of E. II. McCutchen, deceased, and asked that such claim, if established, be made a preferred claim as against the other creditors of the estate.
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Appeal from Ida District Court.— HoN. Z. A. Church, Judge. These two eases tried separately in the lower court are submitted together; the records in the two cases and the questions involved being to a considerable extent identical. In each case the plaintiff presented a claim in behalf of her ward against the estate of E. II. McCutchen, deceased, and asked that such claim, if established, be made a preferred claim as against the other creditors of the estate. The trial court established the claim, but refused to allow a preference, anS the plaintiff in each ease appeals.
1Opinion of the Court
McGlaiN, J..—
Prior to July 1, 1898, one James Jordan was the owner in his own right of thirty-five shares of the capital stock of the First National Bank of Holstein, of which the deceased was cashier, and held also forty-five shares of such stock as guardian of his insane son, Albert L. Jordan. The par value of these shares was $100 each, but their actual value was in excess of the par value, and not exceeding $119 per share. On that date decedent assumed all the liabilities of-said bank, including its liability to its stockholders, and, having become the owner by assignment from the…
2Cases cited5 opinions
- Ervin v. Oregon Ry. & Nav. Co.U.S. Circuit Court for the District of Southern New York · 1886
- Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
- City of Lincoln v. MorrisonNebraska Supreme Court · 1902
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Bradley v. ChesebroughSupreme Court of Iowa · 1900
3Cited by9 opinions
- In Re Guardianship of DamonSupreme Court of Iowa · 1947
- Andrew v. Farmers Sav. Bk. of GoldfieldSupreme Court of Iowa · 1929
- Andrew v. Sac County State BankSupreme Court of Iowa · 1928
- In Re Guardianship of PharmerSupreme Court of Iowa · 1931
- Madler v. MatzenWisconsin Supreme Court · 1938
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