Iowa State Bank v. Cereal Refund & Brokerage Co.
Supreme Court of Iowa
Appeal from Folic District Court.— IIon. Jas. A. Howe, Judge. Suit to recover money alleged to have been paid by mistake. ’ Trial to the court and a judgment for the plaintiff. The defendant W. A. Scruby appeals.
1Opinion of the CourtSherwin, J.
The facts necessary to an understanding of this case are substantially as follows: The defendant Scruby was at one time the secretary and general manager of the Cereal Refund and Brokerage Company, a corporation, which did its banking business with the plaintiff. By virtue of an arrangement with Scruby, the bank honored the company’s checks, within certain limits, whether it had a balance on hand or not. On or about the 22d of August, 1903, Scruby resigned, but before finally leaving the office *249of the company he drew a check on the plaintiff payable-to his own order for $200, which was…
2Cases cited4 opinions
- National Bank v. BerrallSupreme Court of New Jersey · 1904
- Riverside Bank v. First Nat. Bank of ShenandoahCourt of Appeals for the Second Circuit · 1896
- First National Bank v. Marshalltown State BankSupreme Court of Iowa · 1899
- Manufacturers' National Bank v. SwiftCourt of Appeals of Maryland · 1889
3Cited by4 opinions
- Fidelity Savings Bank v. ReederSupreme Court of Iowa · 1909
- Reeves v. Better Taste Popcorn CompanySupreme Court of Iowa · 1954
- Shoenhair v. MerrillSupreme Court of Iowa · 1914
- Bankers Trust Co. v. United States Register Co.Supreme Court of Iowa · 1925