Hunt v. Hopley
Supreme Court of Iowa
Appeal from Gass District Court. — Hon. W. E. Gbeen, Judge. The plaintiff alleged that his term of office as school treasurer was about to expire, and A. W. Dickerson, then the cashier of the Cass County Bank, inquired of the plaintiff if he would be re-elected as his own successor as school treasurer, and plaintiff then informed said Dickerson that if he was re-elected he would remove the school funds from said Cass County Bank unless he was indemnified against loss; that…
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Appeal from Gass District Court. — Hon. W. E. Gbeen, Judge. The plaintiff alleged that his term of office as school treasurer was about to expire, and A. W. Dickerson, then the cashier of the Cass County Bank, inquired of the plaintiff if he would be re-elected as his own successor as school treasurer, and plaintiff then informed said Dickerson that if he was re-elected he would remove the school funds from said Cass County Bank unless he was indemnified against loss; that thereafter he was re-elected as such school treasurer, and then demanded that the Cass County Bank give him some…
1Opinion of the CourtLadd, J.
The defendants’ guaranty was against any ¡loss plaintiff, as school treasurer, might incur by reason of depositing money with the Cass County Bank. If he had the right to so deposit the public money, the instrument is valid. The contention of appellee is that the law forbids such an officer from making a general deposit of public money, even though in his name as such, for the ■reason that thereby the title to the fund passes to the *698bank, and a technical conversion results, and that any contract having a tendency to induce an officer to swerve from the line of duty is, of necessity, inimical…
2Cases cited19 opinions
- Officer v. OfficerSupreme Court of Iowa · 1903
- State v. McFetridgeWisconsin Supreme Court · 1893
- Independent District v. KingSupreme Court of Iowa · 1890
- State v. HillNebraska Supreme Court · 1896
- Estate of LawPennsylvania Orphans' Court, Philadelphia County · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Lawson v. BakerCourt of Appeals of Texas · 1920
- Brown v. Sheldon State BankSupreme Court of Iowa · 1908
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- Whitcomb v. CarpenterSupreme Court of Iowa · 1907
- Page County v. RoseSupreme Court of Iowa · 1906
36 more not listed; retrieve them via the Exa API.