Steinke v. Yetzer
Supreme Court of Iowa
Appeal from Gass District Court. — HoN. N. W. Macy, Judge. 1 This case, as we bave it, is a consolidation of a number of actions, wbicb were separately brought, but united and tried together fin the district court. We shall state the facts as briefly as possible, out of which the controversy arose, so that the issues presented may be fully understood. The Cass County Bank was an incorporation engaged, as its name would indicate, in the banking business.
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Appeal from Gass District Court. — HoN. N. W. Macy, Judge. 1 This case, as we bave it, is a consolidation of a number of actions, wbicb were separately brought, but united and tried together fin the district court. We shall state the facts as briefly as possible, out of which the controversy arose, so that the issues presented may be fully understood. The Cass County Bank was an incorporation engaged, as its name would indicate, in the banking business. J. 0. Tetzer was its president, Isaac Dickerson vice president, and A. W. Dickerson cashier. On August Y, 1893, the bank was insolvent,…
1Opinion of the CourtWateemaN, J.
2 — The main controversy pertains to the meaning tc be given the trust clause in the deed from Yetzer and wife to the bank. It is insisted on the part of plaintiffs that no power of sale was given the bank, and that, even if such could be implied, 'it would not include the power to mortgage. The expressed object of the conveyance was “for the purpose of securing all of the depositors of the Cass County Bank, and to be wholly and fully used for the purpose of paying all the debts of the said Cass County Bank.” When all of the circumstances are considered, the relation and situation of the…
2Cases cited13 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- Thompson v. LambertSupreme Court of Iowa · 1876
- Mining Co. v. Anglo-Californian BankSupreme Court of the United States · 1881
- Milligan v. DavisSupreme Court of Iowa · 1878
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3Cited by3 opinions
- Reupke v. D. H. Stuhr & Son Grain Co.Supreme Court of Iowa · 1905
- Homesteaders Life Assn. v. SalingerSupreme Court of Iowa · 1931
- Johnson v. Des Moines, Iowa Falls & Northern R'y. Co.Supreme Court of Iowa · 1906