138 Iowa 697 | Iowa | 1908
Plaintiff is the daughter of defendant, as a result of defendant’s marriage to one Daniel J. Ames, who in his lifetime lived in the State of Illinois. Before her marriage to Ames defendant had been married to one Wright, by whom she had two children, John and Gertrude, and from whom she was divorced. She married Ames about the year 1877, and plaintiff was born April 10th, 1878. After her marriage to Ames she lived with him in Illinois, until his death, intestate, December 17, 1887. Upon his death defendant was appointed administratrix of his estate, and also guardian of the person and property of plaintiff, her daughter. In such representative capacities she received all the property of which her husband died seised, and in these relations, or as mother of the plaintiff, and with her (plaintiff’s) consent, she has had charge thereof ever since. Having married one Ohirurg, and made a
It should be said in this connection that plaintiff paid little or no attention to her money matters. As a rule she trusted her affairs to defendant, although she often made drafts upon her own funds, and, generally speaking, her mother followed plaintiff’s wishes as to expenditures. Plaintiff was given an excellent education. She was taken through high school, given a four-year course in Wellesley, from which college she graduated, and a two-year post graduate course at Badcliffe. She was an excellent student, and earned a scholarship at a school in Athens. The mother was very indulgent with plaintiff, was proud of her achievements, and did everything that a mother could to give her an education, and make her happy. She made many of plaintiff’s gowns, took her to resorts in the summer, and in many ways economized in order that plaintiff might gratify her desires. As was to be expected, a suitor turned up in time, and when things began to be serious, defendant took a violent dislike to him, and when the engagement was announced, she did everything in her power to prevent the marriage. She claims to have looked up the antecedents of
We have already spoken of the books and accounts kept by the defendant, and of their admissibility in evidence. It should also be noted that defendant furnished at the trial a statement showing her receipts and expenditures for and on plaintiff’s behalf, covering the entire period during which she has had plaintiff’s money and property, made up, as she claims, from her books and other memoranda, which statement shows a balance in her favor of $1,001.61. There was also introduced in evidence what is known as an “ auditor’s account,” being a summary of plaintiff’s account, made up by an auditor in Boston, who went over defendant’s books and papers at her request, and stated an account between the parties purporting to eliminate all errors therein. This report showed an indebtedness to defendant from plaintiff of $612.46. A great number of checks issued by plaintiff upon a bank, in which an account was kept in her name, are also in evidence. These books, statements, accounts and
Taking the defendant’s statement as a basis for our figures, which counsel have also done, we have gone through it item by item, and have found several errors on both sides of this account, some in favor of one party, and some in favor of the other, but generally errors made against the plaintiff. This statement shows that plaintiff was indebted to defendant in the sum of $1,001.61, and it is manifest that, unless we find errors amounting to more than this sum, the decree in the accounting case should be affirmed. Moreover, should we take the auditor’s statement, which was made
We have had considerable difficulty with the Bay State Bank account, which was kept in plaintiff’s name, and against which she drew all of the checks that were issued, save one. As a rule, these checks, which were issued by plaintiff herself, do not seem- to have been entered on defendant’s account, although in a few instances they were. On the other hand, defendant made an account upon her books of money deposited by her in the bank in plaintiff’s name, these entries appearing upon the debit side of the account. It is manifest that if defendant received this money for plaintiff’s account, and deposited it in the bank to plaintiff’s credit, she should have credit for the deposits, provided, of course, she charged herself with the income which went into the bank. If she did not charge herself with this money, and plaintiff is not seeking to hold her therefor, and defendant is claiming no credits for checks issued against the same, then the bank account should not be considered one way or the other, except where there is some duplication of credits claimed by defendant. It is somewhat difficult to know what to do with this bank account. Defendant has attempted to charge herself with all items received by her on plaintiff’s behalf, and plaintiff is attempting to charge her therewith. On the other hand, plaintiff, while seeking to hold defendant for all items received, makes no allowance for money checked out by her, save as she attempted to charge her mother therewith, and even now claims the small balance, less than $100, now in the bank; As a basis for the settlement, we have taken the statement made by the defendant, as counsel have done, and our conclusion is that there are net errors therein in defendant’s favor, amounting to something like $780' but this still leaves plaintiff indebted in a sum amounting to more than $200.
The decrees in each case must be, and they are, affirmed.