Andrew v. Farmers & Merchants Savings Bank

Faville, J.,

(dissenting) — I cannot- concur in the majority opinion in this case.

• It is perfectly clear from the record that the claimant had no intention whatever of becoming a general depositor in the Moravia Bank, and did not in fact become such. He made a specific deposit for a specific purpose, recognized and understood by both the bank and himself. Townsend v. Athelstan Bank, 212 Iowa 1078, 237 N. W. 356, and cases cited therein. He drew his check on his account in the Omaha Bank for the sole purpose of securing from the Moravia Bank the certified checks to be used for the one specific…