Legal Opinion

Van Patten v. Bedow

Supreme Court of Iowa

Decided October 22, 1888PublishedCited by 3 opinions

Appeal from Mahasha District Court. — Hon. J. K. Johnson, Judge. Action on account for goods and merchandise. A demurrer to the petition was overruled, and defendants refusing to further plead, judgment was entered for plaintiffs, and defendants appeal.

1Opinion of the CourtBeck, J.

1. Statute of limitations: continuous account: payments by assignee of insolvent. — I. The petition declares on an account for merchandise, the last item of which is of date September 12, 1881. The account shows credits, the last two dated September 28, 1881, and May 1882, respectively. The petition shows on twenty-ninth day of September, 1881, the defendants executed an assignment for the benefit of their creditors, and the last payment was made by the assignee, and is the same that is credited on the account as of May 11, 1882. The action was commenced February 21, 1887, the notice being…

2Cases cited5 opinions

  1. Pickett v. . LeonardNew York Court of Appeals · 1866
  2. Parsons v. ClarkMichigan Supreme Court · 1886
  3. Bayliss v. StreetSupreme Court of Iowa · 1879
  4. Whitney, Clark & Co. v. ChambersNebraska Supreme Court · 1885
  5. Ayres v. BaneSupreme Court of Iowa · 1874

3Cited by3 opinions

  1. Adams v. HoldenSupreme Court of Iowa · 1900
  2. O'Donnell v. ParkerUtah Supreme Court · 1916
  3. Farmers & Merchants National Bank v. AndersonSupreme Court of Iowa · 1933

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