Home Savings Bank v. Otterbach
Supreme Court of Iowa
Appeal from Hardin District Court.— Hon. J. H. Richards, Judge. Action to recover from the defendant $1,030 of plaintiff’s funds received by the defendant from one Soule, plaintiff’s cashier, in payment of the individual debt of said cashier to the defendant.
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Appeal from Hardin District Court.— Hon. J. H. Richards, Judge. Action to recover from the defendant $1,030 of plaintiff’s funds received by the defendant from one Soule, plaintiff’s cashier, in payment of the individual debt of said cashier to the defendant. The affirmative defenses interposed in the answer were that the plaintiff bank elected to treat the payment of the bank’s funds to defendant as giving rise to a liability of Soule to the plaintiff bank, and as constituting a part of the indebtedness of Soule, for which action was brought against him by the bank, and also caused Soule to…
1Opinion of the CourtMcClain, J.
There is no question under the evidence but that on February 23, 1903, E. O. Soule, the cashier and managing officer of the plaintiff bank, was personally indebted to the defendant in the sum of $1,030 upon a promissory note; for while the proceeds of the loan of $1,000 by defendant to Soule for which his individual note was given went into the funds of the bank, such proceeds were received by the bank as the property of Soule,-and not as the property of defendant. It is also established beyond question that on demand of payment being made on this individual note, Soule drew a draft of the…
2Cases cited11 opinions
- Hier v. MillerSupreme Court of Kansas · 1904
- Lamson v. BeardCourt of Appeals for the Seventh Circuit · 1899
- Wheeler v. Home Savings & State BankIllinois Supreme Court · 1900
- Redhead v. Iowa National BankSupreme Court of Iowa · 1905
- Campbell v. Manufacturers National BankSupreme Court of New Jersey · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
- Pemiscot County Bank v. Central-State Nat. BankTennessee Supreme Court · 1915
- Federal Deposit Ins. Corp. v. RectenwallDistrict Court, N.D. Indiana · 1951
- Larsen v. HoushSupreme Court of Iowa · 1966
- Leach v. Peoples Savings BankSupreme Court of Iowa · 1925
9 more not listed; retrieve them via the Exa API.