Widner v. Wilcox
Supreme Court of Iowa
Appeal from Poweshiek District Court.— Hon., W. G. Clements, Judge. The defendant was appointed administrator of the estate of Thomas Pasley, deceased, June 6, 1901. On August 7th of the same year Susan Hankins filed her claim with the clerk of the district court in words following: “ July 13, 1901. Said estate debtor to plaintiff (Susan Hankins) to cash deposited with decedent in October, 1895, and received by decedent as trustee and custodian for claimant for the sum thus…
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Appeal from Poweshiek District Court.— Hon., W. G. Clements, Judge. The defendant was appointed administrator of the estate of Thomas Pasley, deceased, June 6, 1901. On August 7th of the same year Susan Hankins filed her claim with the clerk of the district court in words following: “ July 13, 1901. Said estate debtor to plaintiff (Susan Hankins) to cash deposited with decedent in October, 1895, and received by decedent as trustee and custodian for claimant for the sum thus left and deposited with decedent, $300.00.” This was duly verified. The administrator filed a denial, and in November,…
1Opinion of the Court
Ladd, J.—
The evidence leaves no doubt but that plaintiff’s decedent, Susan ITankins, loaned Thomas Pasley, of whose estate the defendant was appointed administrator June 6, 1901, the sum of $300 not later than July, 1896. The contract was in parol. The claim therefor was not filed with the clerk of court until August 7, 1901, nor notice thereof accepted by the administrator until July, 1902. More than five years had elapsed since the making of the loan before the commencement of the action, and the plea that the claim was barred by the statute of limitations was sustained. Section 3447, Code.…
2Cases cited5 opinions
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- Murphy v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1890
- Black v. RossSupreme Court of Iowa · 1899
- Grether v. ClarkSupreme Court of Iowa · 1888
- Ackerman v. HilpertSupreme Court of Iowa · 1899
3Cited by6 opinions
- Bowie v. TrowbridgeSupreme Court of Iowa · 1912
- Carr v. CraigSupreme Court of Iowa · 1908
- Hodgson v. KeppelSupreme Court of Iowa · 1930
- Claim of Hemmy v. HoenigSupreme Court of Iowa · 1941
- Jacobson v. Union Story Trust & Savings BankSupreme Court of Iowa · 1983
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