Waters v. Cass County Bank
Supreme Court of Iowa
Appeal from Gass Oireuit Oou/rt. This action was brought to recover $400 upon what the parties denominate a deposit check. No copy of the instrument is set out, but we infer that it showed a deposit of $400 in the defendant bank, and a liability upon its part to repay the same. The defense is based upon the alleged fact that the money deposited did not belong to the plaintiff, but to the defendant, and that the deposit check was given by mistake.
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Appeal from Gass Oireuit Oou/rt. This action was brought to recover $400 upon what the parties denominate a deposit check. No copy of the instrument is set out, but we infer that it showed a deposit of $400 in the defendant bank, and a liability upon its part to repay the same. The defense is based upon the alleged fact that the money deposited did not belong to the plaintiff, but to the defendant, and that the deposit check was given by mistake. There was a trial without a jury, and judgment was rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
The deposit in question was made by the delivery by plaintiff to the defendant of a draft. This draft was obtained by the plaintiff of one Alexander, and represented a part of the purchase-money of a herd of cattle bought by Alexander of one Saunders. By what contract between Alexander and Saunders the draft in question was given by Alexander to the plaintiff, is not distinctly shown. But it appears that Saunders was indebted to the plaintiff, and it was understood by plaintiff that this draft was given to him by Alexander in payment of Saunders’ debt. Neither Alexander nor Saunders was…
2Cited by21 opinions
- Lisbon Bank and Trust Company v. MurraySupreme Court of Iowa · 1973
- First National Bank of Grand Meadow v. Security Trust & Savings Bank of Charles CitySupreme Court of Iowa · 1921
- Hoyt v. ClemansSupreme Court of Iowa · 1914
- Farmer v. Bank of GraettingerSupreme Court of Iowa · 1906
- Smith v. Crawford County State BankSupreme Court of Iowa · 1894
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