First National Bank v. German Bank
Supreme Court of Iowa
Appeal from, Carroll District Court. — ITon. Z. A.- Church, Judge. The plaintiff purchased of Farneman a draft indorsed by him, drawn by the Bank of Kirkman, November- 7, 1892, on the First National Bank of Carroll, on November 8th, and sent it for collection to the Valley National Bank of Des Moines, which, on the following day, forwarded it to the defendant for collection.
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Appeal from, Carroll District Court. — ITon. Z. A.- Church, Judge. The plaintiff purchased of Farneman a draft indorsed by him, drawn by the Bank of Kirkman, November- 7, 1892, on the First National Bank of Carroll, on November 8th, and sent it for collection to the Valley National Bank of Des Moines, which, on the following day, forwarded it to the defendant for collection. It was received and presented to the drawee for payment before ten o’clock on the tenth day of November, and payment refused. The draft was at once placed in the hands of W. A. Arts, a notary public, and also assistant…
1Opinion of the CourtLadd, J.
That the draft was sent to the defendant bank for collection, and was presented t0‘ the drawee for payment, in apt time, admits of no doubt. Hamlin v. Simpson, 105 Iowa, 125. The exercise of prudence in the selection of a notary public is not questioned. The very gist of the action is that the defendant is chargeable with the negligence of that officer in failing to learn of Farneman’s residence, and notifying him of the dishonor of the draft. But a notary is a public officer, appointed by the chief magistrate of the state, is under bond for the faithful performance of his duties as such, and…
2Cases cited16 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- May v. JonesSupreme Court of Georgia · 1891
- Britton v. NiccollsSupreme Court of the United States · 1882
- Guelich v. National State BankSupreme Court of Iowa · 1881
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