Fort Madison Lumber Co. v. Batavian Bank
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. S. M. Casey, Judge. This is a controversy between the parties as to the proper decree to be entered in an action which was formerly tried in the district court upon its merits, but appealed to this court, where it was reversed, and remanded for further proceedings. A decree was entered to which the defendants, the Clark County Bank, Neillsville Bank, and Hammell & Co. excepted, and from which they appeal.
1Opinion of the CourtRothrock, J.
1. aTvpTF.at.• restitution of taken under judgment. I. The opinion of this court upon the merits of the original controversy will be found in 71 Iowa, 270. It appears from the opinion *n that case, and from the record made in this appeal, that one Weston was the owner Qf stock in the Fort Madison Lumber Company. In 1883 he borrowed a large amount of money of the Batavian Bank, of LaCrosse, Wisconsin, and assigned to it certain certificates of stock .in said company as collateral security; but no transfer of the stock was made on the books of the company. Afterwards he became insolvent. D.…
2Cases cited2 opinions
- Fort Madison Lumber Co. v. Batavian BankSupreme Court of Iowa · 1887
- Munson v. PlummerSupreme Court of Iowa · 1882
3Cited by2 opinions
- Schoonover v. OsborneSupreme Court of Iowa · 1902
- PSM Holding Corp. v. National Farm Financial Corp.District Court, C.D. California · 2010