Toovey v. Ayrhart
Supreme Court of Iowa
Appeal from Carroll District Court.— HoN. P. M. Powers, Judge. IN a receivership proceeding instituted by plaintiff to wind up the affairs of the -Dedham Savings Bank, A. J. Ayrhart was appointed receiver. Thereafter the intervener asked the allowance of its claim agáinst the bank in the sum of $1,696.60, balance due on a certificate of deposit.
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Appeal from Carroll District Court.— HoN. P. M. Powers, Judge. IN a receivership proceeding instituted by plaintiff to wind up the affairs of the -Dedham Savings Bank, A. J. Ayrhart was appointed receiver. Thereafter the intervener asked the allowance of its claim agáinst the bank in the sum of $1,696.60, balance due on a certificate of deposit. The receiver contested the claim on the ground that the certificate had been issued by defendant b.ank when insolvent and received by intervener in violation of law, and asked by way of counterclaim to recover the proceeds of certain securities…
1Opinion of the CourtMcClaiN, J.
Prom the allegations of the petition of intervener, and the answer and counterclaim thereto, which *696must be taken as admitted in determining tbe correctness of tbe court’s rulings in sustaining demurrers to tbe answer and counterclaim; it appears that on December 20, 1904, when tbe Dedham Savings Bank was insolvent, but before tbe institution of tbe proceedings for tbe appointment of a receiver thereof, tbe cashier of that bank issued to tbe in-tervener, in consideration of an alleged prior certificate of deposit for tbe same amount, a certificate for $5,000, and delivered to tbe intervener by…
2Cases cited16 opinions
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Pangborn v. WestlakeSupreme Court of Iowa · 1873
- State v. CadwellSupreme Court of Iowa · 1890
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Dillon v. AllenSupreme Court of Iowa · 1877
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. KieferSupreme Court of Iowa · 1917
- Pease v. Citizens State BankSupreme Court of Iowa · 1929
- New York Life Insurance v. ClemensSupreme Court of Iowa · 1941
- State v. RodmanNorth Dakota Supreme Court · 1928
- Poole v. PooleSupreme Court of Iowa · 1936
1 more not listed; retrieve them via the Exa API.