Midwest National Bank & Trust Co. v. Niles & Watters Savings Bank
Supreme Court of Iowa
Appeal from Jones District Court. — F. 0. Ellison, Judge. Action at law by plaintiff, a Kansas City bank, against defendant bank, upon a check executed by W. J. Croke, August 1, 1919, in the sum of $1,350. The check was payable to the order of The Texas Coast Irrigated Land Co. The check was indorsed by the land company and delivered to plaintiff. The cheek was accepted by the defendant bank by telegram, but afterwards, payment was refused, and the check protested.
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Appeal from Jones District Court. — F. 0. Ellison, Judge. Action at law by plaintiff, a Kansas City bank, against defendant bank, upon a check executed by W. J. Croke, August 1, 1919, in the sum of $1,350. The check was payable to the order of The Texas Coast Irrigated Land Co. The check was indorsed by the land company and delivered to plaintiff. The cheek was accepted by the defendant bank by telegram, but afterwards, payment was refused, and the check protested. Plaintiff bases its right to recover upon the acceptance. Croke, intervener, adopted the same defenses as those set up by the…
1Opinion of the CourtPreston, J.
— Plaintiff alleges as its cause of action that, on August 1, 1919, one W. J. Croke drew and delivered his check to the Texas Coast Irrigated Land Company, on the defendant bank, as follows:
“Kansas City, August 1, 1919.
“Niles & Watters Savings Bank,
“Anamosa, Iowa.
“Pay to Texas Coast Irrigated Land Co., Or Order $1,350.00.
Thirteen Hundred Fifty, and no/100 Dollars
“For value received, I represent the above amount is on deposit in said bank or Trust Co., in my name, is free from claims, and is subject to this check.
“W. J. Croke.”
Indorsed: “For deposit, Texas Coast Irrigated Land Co., by H. J. S.”
2Cases cited30 opinions
- Coolidge v. PaysonSupreme Court of the United States · 1817
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
- In re State BankSupreme Court of Minnesota · 1894
- Wells v. Western Union Telegraph Co.Supreme Court of Iowa · 1909
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- Goeman v. Live Stock National BankSupreme Court of Iowa · 1947
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