Bissell v. Spring
Supreme Court of Iowa
Appeal from Adams District Court. — EL K. Evans, Judge. These two cases were brought in equity to foreclose mortgages on real estate. By agreement, the two cases were tried together in the district court, and are so presented here.
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Appeal from Adams District Court. — EL K. Evans, Judge. These two cases were brought in equity to foreclose mortgages on real estate. By agreement, the two cases were tried together in the district court, and are so presented here. The defendants alleged payment to the First National Bank of Corning, Iowa, which defendants allege was the agent for plaintiff, and also pleaded by way of estoppel that plaintiff could not now claim that the bank did not have authority to receive payment. There was a decree for defendants in both cases. Plaintiffs appeal.
1Opinion of the CourtPreston, J.
a. principal and of agent;: menhe pay' There is no dispute on the part of the plaintiffs, and- no claim on the part of the bank that it did not receive the money, and that, if the payments were authorized, the notes and mortgages of the defendants are fully paid. The securities were not in the possession of the bank, but were in possession of the agent of plaintiffs at the time the payments were made by de*1007fendants. The securities’ were by their terms payable at this bank. It is appellants’ contention that the bank was the agent of the defendants, while defendants claim that. the bank was…
2Cases cited6 opinions
- McLean v. FickeSupreme Court of Iowa · 1895
- Harrison v. LegoreSupreme Court of Iowa · 1899
- Security Co. v. RichardsonU.S. Circuit Court for the Southern District of Iowa · 1887
- Grant v. HumerickSupreme Court of Iowa · 1903
- Townsend v. StuderSupreme Court of Iowa · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
- Federal Land Bank v. Union Bank & Trust Co.Supreme Court of Iowa · 1940
- Sioux City Cattle Loan Co. v. LovrienSupreme Court of Iowa · 1924
- Ritter v. PlumbSupreme Court of Iowa · 1927
- Whitney v. KrasneSupreme Court of Iowa · 1929
8 more not listed; retrieve them via the Exa API.