Dean v. Iowa-Des Moines National Bank & Trust Co.

I find myself unable to agree with count 1 of the majority opinion, and therefore respectfully dissent.

My difficulty grows out of the fact that I cannot see the difference between a draft and a check. A draft is a check drawn by one bank on another, while a check is an instrument drawn by an individual on a bank. If there is no difference between these instruments, then, in my humble judgment, the argument of the majority in regard to the statute of limitations would not apply.

Let us see what the appellant claims. In his very able argument he concedes:

"While it is true that our court has…