Long v. Emsley
Supreme Court of Iowa
Appeal from Cerro Gordo Cireuit Court. The defendants are bankers, and as such had on deposit public money collected by the county treasurer. The plaintiff was township clerk, and said treasurer gave a check payable to the plaintiff in his individual capacity. The money in fact belonged to the township of which defendant was clerk. The check was paid by plaintiffs and the money deposited in the bank of Kirk Bros, to the individual credit of the plaintiff.
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Appeal from Cerro Gordo Cireuit Court. The defendants are bankers, and as such had on deposit public money collected by the county treasurer. The plaintiff was township clerk, and said treasurer gave a check payable to the plaintiff in his individual capacity. The money in fact belonged to the township of which defendant was clerk. The check was paid by plaintiffs and the money deposited in the bank of Kirk Bros, to the individual credit of the plaintiff. Kirk Bros, had no notice the money belonged to the township. The defendants on the day the deposit was made obtained knowledge of such fact…
1Opinion of the CourtSeevers, J.
I. The amount of money paid on the judgment against Kirk Bros, was less than one hundred dollars, but judgment was asked for one hundred and fifty dollars and exemplary damages. It seems, therefore, the amount in controversy, as shown by the pleadings, is more than one hundred dollars. The Circuit Court, however, doubted whether this *13was so, and has certified certain questions under the statute upon which it is said to be desirable to have the opinion of the Supreme Court. As such questions fairly and fully present matters which, when determined, are decisive of this appeal, we shall regard…
2Cases cited2 opinions
- Lowry v. Polk CountySupreme Court of Iowa · 1879
- School District v. First National BankMassachusetts Supreme Judicial Court · 1869
3Cited by11 opinions
- Officer v. OfficerSupreme Court of Iowa · 1903
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- Hunt v. HopleySupreme Court of Iowa · 1903
- State ex rel. First National Bank v. BartleyNebraska Supreme Court · 1894
- Leach v. BeazleySupreme Court of Iowa · 1926
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