Bloom v. Winthrop State Bank
Supreme Court of Iowa
Appeal from Buchanan District Court. — HoN. A. S. BlaiR, Judge. ActioN upon a bank check bearing date August 4, 1899, drawn upon the defendant bank for the sum of $191.10, signed by I. T. Bloom, and made payable by its terms to the plaintiff or bearer.
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Appeal from Buchanan District Court. — HoN. A. S. BlaiR, Judge. ActioN upon a bank check bearing date August 4, 1899, drawn upon the defendant bank for the sum of $191.10, signed by I. T. Bloom, and made payable by its terms to the plaintiff or bearer. It appears that prior to the date named there had been deposited in the defendant bank on open account to the credit of said I. T. Bloom the sum of $353.41. At the time of such deposit the bank held two notes executed to it by Bloom — one for $106.42, and a rent note for $186.75 — both of which were past due according to the terms thereof,…
1Opinion of the Court
Bishop, O. J.
The motion to direct a verdict was based upon the ground that the action was brought upon an unaccepted check, and the evidence fails to show that the drawer had funds in the defendant bank sufficient to pay the same. Other grounds were embraced in the motion, but such are not made the subject of argument on this appeal, and we need not give attention thereto farther than' to say that, in our opinion, the same were not well taken.
i. unaccepted of holder? I. Upon the question of the right of the holder of an unaccepted check to bring suit thereon in his own name, the courts of the…
2Cases cited4 opinions
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Schollmier v. SchoendelenSupreme Court of Iowa · 1889
- Thomas v. Exchange BankSupreme Court of Iowa · 1896
- May v. JonesSupreme Court of Iowa · 1893
3Cited by7 opinions
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
- Leach v. Mechanics Savings BankSupreme Court of Iowa · 1926
- Kuhnes v. CahillSupreme Court of Iowa · 1905
- McClain v. TorkelsonSupreme Court of Iowa · 1919
- Murray v. American Savings BankSupreme Court of Iowa · 1924
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