Legal Opinion

Carter v. Iowa State Business Men's Building & Loan Ass'n

Supreme Court of Iowa

Decided July 3, 1907PublishedCited by 2 opinions

Appeal from 'Marshall District Court.— Hon. Geo. W. Burnham, Judge. Action by plaintiff to recover overpayments made by him to defendant association. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtDeemer, J.

Plaintiff contends that defendant wrongfully and fraudulently exacted more payments from him as a stockholder in defendant association than it jvas entitled to receive under its contracts and plan of doing business. He says he did not discover the mistake until shortly before the bringing of this action, and that immediately upon learning the facts he brought this suit, demanding an accounting and the return of the money so overpaid. Defendant denied any overpayments, averred that the final amount paid was in compromise and settlement of its claim, and some other mat: ters which need not now…

2Cases cited10 opinions

  1. Keefe v. VogleSupreme Court of Iowa · 1872
  2. Dickerman v. LordSupreme Court of Iowa · 1866
  3. Richardson & Boynton Co. v. Independent District of HamptonSupreme Court of Iowa · 1887
  4. Adams v. MortonSupreme Court of Iowa · 1873
  5. McArthur v. LuceMichigan Supreme Court · 1880

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3Cited by2 opinions

  1. Partello v. WhiteSupreme Court of Iowa · 1924
  2. Messer v. Washington National InsuranceSupreme Court of Iowa · 1943

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