Legal Opinion

Foss v. Cobler

Supreme Court of Iowa

Decided May 24, 1898PublishedCited by 19 opinions

Appeal from Shelby District Court. — Hon. W. I. Smith, Judge. Jasper Robertson left in the keeping of plaintiff certain notes and accounts. He was murdered in 1889, and George Paup appointed administrator of his estate. The defendant Almira Cobler is his mother and sole heir. In 1890 she employed the plaintiff 'to resist an application for the appointment of one Lara-way as administrator, and to protect her interests in general.

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Appeal from Shelby District Court. — Hon. W. I. Smith, Judge. Jasper Robertson left in the keeping of plaintiff certain notes and accounts. He was murdered in 1889, and George Paup appointed administrator of his estate. The defendant Almira Cobler is his mother and sole heir. In 1890 she employed the plaintiff 'to resist an application for the appointment of one Lara-way as administrator, and to protect her interests in general. The plaintiff asks to be allowed five hundred dollars for his services, and that this be established as a lien against the property in his hands at the time of his…

1Opinion of the CourtLadd, J.

1 — Before Jasper Robertson left Harlan, in 1889, he deposited with the plaintiff for safe-keeping certain notes, amounting in value to six hundred and eighty-six dollars, and never returned. Subsequently, In 1891, his body was found, and J. K. Cumberland convicted of having murdered him. See State v. Cumberland, 90 Iowa, 525. After some correspondence, Mrs. Cobbler, the mother and sole heir of Jasper, wrote the plaintiff a letter, the material part of which is as follows: “Now, Mr. Foss, I want you to take the case in your own hands, and do the best you can for me, and pay yourself out of…

2Cases cited19 opinions

  1. Trist v. ChildSupreme Court of the United States · 1875
  2. Christmas v. RussellSupreme Court of the United States · 1872
  3. County of Harris v. CampbellTexas Supreme Court · 1887
  4. Christe v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
  5. Weeks v. Wayne Circuit JudgesMichigan Supreme Court · 1889

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3Cited by19 opinions

  1. Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
  2. Herriott v. PotterSupreme Court of Iowa · 1902
  3. Greenlee v. MosnatSupreme Court of Iowa · 1902
  4. In re Estate of AckenSupreme Court of Iowa · 1909
  5. In re Estate of DaltonSupreme Court of Iowa · 1918

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