Stewart v. McFarLand
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. H. Pbeston, Judge. Pboceedings for the allowance of a claim on account of a promissory note against the,estate of John Stewart, deceased. After hearing the evidence submitted, the claim was disallowed by the court, and the plaintiff appeals.
1Opinion of the CourtRobinson, J.
The plaintiff is the widow of the decedent, and the defendants are the executors of his estate. The plaintiff asks to have allowed, as a claim against the estate, the amount of a note, of which the following is a copy:
“Januaby 1, 1877.
“Twelve months after date, I promise to pay Elizabeth Stewart, or bearer, six hundred dollars, with ten per cent, interest per annum. Value received.
“John Stewabt.”
*56The defendants plead as a defense that the right of action on the note is barred by the statute of limitations. The plaintiff insists that it was revived by an admission in writing, signed by the…
2Cases cited6 opinions
- Wetzell v. BussardSupreme Court of the United States · 1826
- Penley v. WaterhouseSupreme Court of Iowa · 1856
- Chidsey v. PowellSupreme Court of Missouri · 1887
- Mahon v. CooleySupreme Court of Iowa · 1873
- Ayres v. BaneSupreme Court of Iowa · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re Estate of DeanerSupreme Court of Iowa · 1905
- Koht v. DeanSupreme Court of Iowa · 1935
- Leland v. JohnsonSupreme Court of Iowa · 1939
- McClure v. SmeltzerSupreme Court of Iowa · 1936
- Nelson v. HansonSupreme Court of Iowa · 1894
3 more not listed; retrieve them via the Exa API.