Sellem v. Iowa City Bank
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. J. J. Ney, Judge. The plaintiff is the receive? of the Iowa City National Bank. The Iowa City Bank is a co-partnership composed of E. Clark, Thomas Hill, and John N. Coldren, the latter being its cashier.
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Appeal from Johnson District Court. — Hon. J. J. Ney, Judge. The plaintiff is the receive? of the Iowa City National Bank. The Iowa City Bank is a co-partnership composed of E. Clark, Thomas Hill, and John N. Coldren, the latter being its cashier. The Iowa City Bank had been in existence for some time prior to November, 1882, at which time the Iowa City National Bank was organized with John N. Coldren also as its cashier, and with Clark, Hill, and Coldren as stockholders therein. By agreement, the national bank was to succeed to the business of the Iowa City Bank, the two banks occupying the…
1Opinion of the CourtGranger, J.
I. There is some dispute as to facts. It will be remembered that the note in suit is made with the Iowa City National Bank as payee, and hence, on the face of the note, that bank was the original holder. There is no mistake but that the note was given by Clark & Son in settlement of an overdrawn account at the Iowa City Bank, and that the Iowa City National Bank furnished no part of the consideration for the note. As it is a law action, we are to assume facts, having support in the evidence, essential to sustain the judgment. It appears that the note in suit was made on a blank printed for…
2Cases cited2 opinions
- Dunn v. WolfSupreme Court of Iowa · 1891
- Knapp & Spalding Co. v. Barnard & Co.Supreme Court of Iowa · 1889