Mereness v. First National Bank
Supreme Court of Iowa
Appeal from Floyd District C-o-uH. — IIon. C. II. Iaet.ly, J udge. The petition was filed October 19, 1895, alleging that, on April 12, 1881, Isaac Mereness .deposited with defendant $1,000.00, for which it issued a demand certificate of' deposit,' since lost; that said Mereness died October 10, 1888, and plaintiff was appointed administrator of his. estate in May, 1889; that plaintiff demanded of defendant the money due on said certificate in June, 1889, whereupon he was…
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Appeal from Floyd District C-o-uH. — IIon. C. II. Iaet.ly, J udge. The petition was filed October 19, 1895, alleging that, on April 12, 1881, Isaac Mereness .deposited with defendant $1,000.00, for which it issued a demand certificate of' deposit,' since lost; that said Mereness died October 10, 1888, and plaintiff was appointed administrator of his. estate in May, 1889; that plaintiff demanded of defendant the money due on said certificate in June, 1889, whereupon he was falsely informed by defendant’s cashier and president that there was no money due said Isaac Mereness on said certificate,…
1Opinion of the CourtLadd, J.
*131 *12In the early case of Bean v. Briggs, 1 Iowa,. 488, this court held a time certificate of deposit, in the usual form, negotiable, for that it possessed all the characteristiesof a promissory note. Story defines a “promissory note”' *13to be “a written engagement by one person to pay another person, therein named, absolutely and unconditionally a certain sum of money at a time specified therein.” Story, Notes, section 1. The ordinary certificate of deposit is precisely within this definition, and it is generally held that such certificates are, in effect, promissory notes, and governed, with…
2Cases cited26 opinions
- Amy v. WatertownSupreme Court of the United States · 1889
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
- Payne v. . GardinerNew York Court of Appeals · 1864
- Lowry v. Polk CountySupreme Court of Iowa · 1879
- Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
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3Cited by17 opinions
- Schmucking v. MayoSupreme Court of Minnesota · 1931
- Andersen v. Superior CourtCalifornia Supreme Court · 1921
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- In re the Estate of BrownSupreme Court of Iowa · 1901
- City of Pella v. FowlerSupreme Court of Iowa · 1932
12 more not listed; retrieve them via the Exa API.