Kilbourn v. Anderson
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. H. Preston, J udge. Proceeding on the probate side of the court for the allowance of a claim against the estate of which defendant is the administrator. From an order allowing it defendant appeals.
1Opinion of the CourtBeck, J.
I. Defendant is the administrator of the estate of JohnF. Sweet, deceased. Plaintiff’s claim against the estate, which he seeks to enforce, is based upon an account which has been running for a great many years, the first item bearing date in 1859, and it is claimed that continuous transactions are shown by the account to 1886.
II. Defendant insists that there is no legal evidence tending to establish plaintiff’s account accruing prior to 1861; that plaintiff was paid for the items in the account up to 1863; and that there was a break in the account, so as to destroy its continuity, in 1866.…
2Cited by12 opinions
- Keen v. Mid-Continent Petroleum CorporationDistrict Court, N.D. Iowa · 1945
- Bowie v. TrowbridgeSupreme Court of Iowa · 1912
- Soderland v. GraeberSupreme Court of Iowa · 1921
- Gabelmann v. NFO, INC.Supreme Court of Iowa · 1997
- Bowie v. TrowbridgeSupreme Court of Iowa · 1916
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