What Cheer Savings Bank v. Mowery
Supreme Court of Iowa
Appeal from Keokuk District Court. — Hon. W. G. Clements, Judge. Action at law. The material facts will be found stated in the opinion.
1DissentDeemer, C. J.
(dissenting). — In my opinion the majority have made and decided a case not presented to the court below, nor argued here. Moreover, the case so made is not sustained by sufficient testimony, and as I view it, the decision of the lower court upon the issues and testimony adduced should be reversed. The case is simply this:
Mowery purchased, hogs, issuing checks therefor upon the Central Savings Bank. These checks were paid by the bank. He shipped a car load of hogs to T. M. Sinclair & Co. at Cedar Kapids, Iowa, taking a live stock contract showing shipment to the Sinclair Company. He drew a…
2Cases cited9 opinions
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Wigton v. BowleyMassachusetts Supreme Judicial Court · 1881
- First National Bank v. Mount Pleasant Milling Co.Supreme Court of Iowa · 1897
- Kentucky Refining Co. v. Globe Refining Co.Court of Appeals of Kentucky · 1898
- Willman Mercantile Co. v. FussyMontana Supreme Court · 1895
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