75 Iowa 671 | Iowa | 1888
— It appears from the record that the defendant Samuel D. Hays was guardian of Arthur Morrison, a minor, who attained his majority in November, 1885. On the fifteenth day of August, 1885, Morrison assigned to the plaintiff the estate and money in the hands of his guardian to the amount of two hundred and forty-three dollars. On the fourteenth day of December, 1885, said Morrison assigned all of his money
If the plaintiff had filed this last amendment as his original petition, instead of waiting until the close of the trial to do so, he would have presented a plain and intelligent claim, upon which an issue could have been made, and his rights determined. We entertain no doubt that the court exercised a proper discretion in striking the amendment from the files. It was the first distinct demand made by the plaintiff to recover of Peterson on any proper cause of action ; and it was just what should have been done when the action Was commenced. There was no ground for commencing an action upon the guardian’s bond, in the face of the adjudication that the money should be paid to Peterson. If plaintiff has any valid claim to assert, it is against Peterson, founded upon his knowledge of the assignment and his agreement with Morrison to pay the plaintiff ’ s claim; and he ought not to complain because he was not permitted to set up this cause of action after he had tried his case; and the judgment for wrongfully suing out the attachment ought not to be disturbed, because there was no ground for an attachment when it was issued. Akfibmkd.