Knapp & Co. v. Cowell
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. John L. Stevens, Judge. The plaintiffs are bankers, and they brought this action to recover of the defendant, who deposited money in their bank, an amount claimed to be due on an overdraft. The defendant denied that he at any time received from the plaintiffs more than he had deposited, and claims that the plaintiffs' did not pay to him the full amount of his deposits, and he claimed a judgment against the plaintiffs.
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Appeal from Franklin District Court. — Hon. John L. Stevens, Judge. The plaintiffs are bankers, and they brought this action to recover of the defendant, who deposited money in their bank, an amount claimed to be due on an overdraft. The defendant denied that he at any time received from the plaintiffs more than he had deposited, and claims that the plaintiffs' did not pay to him the full amount of his deposits, and he claimed a judgment against the plaintiffs. There was a trial by jury which resulted in a verdict and judgment for the . defendant. Plaintiffs appeal.
1Opinion of the CourtRothrock, J.
It is conceded that the defendant deposited with the plaintiffs the sum of one thousand dollars on the thirty-first day of May, 1881. The defendant claimed that he made a further deposit of two hundred dollars with the plaintiffs on the twenty-second day of November, 1880. This is denied by the *529plaintiffs. If the claim of the defendant is correct, the aggregate amount of the deposits was twelve hundred dollars. It appears that, before any deposit was made by the defendant, the plaintiffs held his promissory note for several hundred dollars; and the plaintiffs aver that, of the one thousand…
2Cited by15 opinions
- Smith v. Sanborn State BankSupreme Court of Iowa · 1910
- Hodgin v. Peoples' National BankSupreme Court of North Carolina · 1899
- Lee v. Coon Rapids National BankSupreme Court of Iowa · 1913
- Moore v. Greenville Banking & Trust Co.Supreme Court of North Carolina · 1919
- Lumberton v. . Hood, CommissionerSupreme Court of North Carolina · 1933
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