Burroughs v. McLain
Supreme Court of Iowa
Appeal from Story Circuit Court. Wednesday, October 8. Action upon a promissory note. Tliere was a trial to the court, without a jury, and a judgment for defendant. Plaintiff appeals. The facts of the case appear in the opinion.
1Opinion of the Court
Beck, Ch. J.
i. Amurrastrator. The petition declares, in the usual form, upon a promissory note, which was not presented for probate within the time required by statute. It is alleged as a reason for not filing the note within the required time, that it was presented to the administrator, who promised to allow and pay it, and advised plaintiff that it was unnecessary to file and prove the claim. Certain payments were made upon the note by the administrator.
As a defense, the answer sets up the fact that the note was not filed for probate within time; that it was given for certain ewes which the…
2Cases cited1 opinion
- Brayley v. RossSupreme Court of Iowa · 1871
3Cited by10 opinions
- Baldwin v. City of WaterlooSupreme Court of Iowa · 1985
- Roaf v. KnightSupreme Court of Iowa · 1889
- Anderson v. StorieSupreme Court of Iowa · 1929
- Hadley v. GregorySupreme Court of Iowa · 1881
- Stewart v. GorhamSupreme Court of Iowa · 1904
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