Porter Auto Co. v. First National Bank
Supreme Court of Iowa
Appeal from Humboldt District Court. — N. J. Lee, Judge, Action at law to recover the proceeds derived from the sale of an automobile, deposited in defendant bank by a retail dealer, Avho purchased the same from plaintiff upon a conditional sale contract, providing that title should remain in the seller until payment of the purchase price. The facts are fully stated in the opinion.
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Appeal from Humboldt District Court. — N. J. Lee, Judge, Action at law to recover the proceeds derived from the sale of an automobile, deposited in defendant bank by a retail dealer, Avho purchased the same from plaintiff upon a conditional sale contract, providing that title should remain in the seller until payment of the purchase price. The facts are fully stated in the opinion. The case was transferred, and tried in equity, resulting in the dismissal of plaintiff’s petition. It appeals.
1Opinion of the CourtStevens, J.
Plaintiff is a copartnership, composed of J. W. Porter, A. A. Smith, and H. W. Paine, and is engaged in the business of selling automobiles at wholesale and retail at Eagle Grove, Iowa. J. A. Rasmussen, at the time of the transaction involved in this litigation, was, and had been for several years, engaged in selling automobiles at retail at Gilmore'City, Iowa, under the name of the Gilmore Auto Company.
Prior to the arrangement under which the car in question was delivered to the Auto Company, a bill of lading, with sight draft attached, had been forwarded by plaintiff to defendant with each…
2Cases cited6 opinions
- Dolph v. CrossSupreme Court of Iowa · 1911
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
- Smith v. Sanborn State BankSupreme Court of Iowa · 1910
- Smith v. Crawford County State BankSupreme Court of Iowa · 1894
- Kimmel v. BeanSupreme Court of Kansas · 1904
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3Cited by10 opinions
- FARMERS CO-OP. EL., INC., DUNCOMBE v. State BankSupreme Court of Iowa · 1975
- Berger v. Cas' Feed Store, Inc.Supreme Court of Iowa · 1996
- Andrew v. Union Savings Bank & Trust Co.Supreme Court of Iowa · 1935
- Hanby v. First Savings Bank of Spring HillSupreme Court of Iowa · 1924
- Andrew v. Waterville Savings BankSupreme Court of Iowa · 1928
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