Hogan v. Sullivan
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. P. B. Wolee, Judge. Action to recover $2,000 as belonging to the estate of John Collins, deceased. Intervention by Mary Sullivan, as next friend of Joseph Sullivan, claiming $1,000 of the fund for which the action is brought against defendant, and by P. O’Dowd, claiming in his own right and as trustee for others another portion of said fund.
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Appeal from Clinton District Court. — Hon. P. B. Wolee, Judge. Action to recover $2,000 as belonging to the estate of John Collins, deceased. Intervention by Mary Sullivan, as next friend of Joseph Sullivan, claiming $1,000 of the fund for which the action is brought against defendant, and by P. O’Dowd, claiming in his own right and as trustee for others another portion of said fund. Defendant raised no issue with the intervenors, but claimed in his own right $120. Plaintiff took issue with intervenors as to their rights to portions of the fund claimed. Trial to the court. Judgment was…
1Opinion of the CourtMcClain, J.
1 Evidence, much, of which was received subject to objection, tended to show that plaintiff’s intestate, John Collins, about two years before his death, took defendant to a bank, and deposited $2,000, having the certificate made payable to defendant, at the time explaining his action by saying that the doctors had told him that there was danger of his death, and that he wanted to have the money put in defendant’s name so that he could draw it out. Collins was a widower, without children, and living with defendant and his wife; the latter being an adopted daughter. About two years afterwards,…
2Cases cited26 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Grymes v. . HoneNew York Court of Appeals · 1872
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Devol v. DyeIndiana Supreme Court · 1890
21 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Tucker v. TuckerSupreme Court of Iowa · 1908
- McKemey v. KetchumSupreme Court of Iowa · 1919
- Varley v. SimsSupreme Court of Minnesota · 1907
- Jones v. NicholasSupreme Court of Iowa · 1911
- Abegg v. HirstSupreme Court of Iowa · 1909
9 more not listed; retrieve them via the Exa API.