Legal Opinion

Hanby v. First Savings Bank of Spring Hill

Supreme Court of Iowa

Decided February 5, 1924PublishedCited by 13 opinions

Appeal from Warren District Court. — Lorin N. Hays, Judge. Action at law by plaintiff, to recover from tlie defendant bank the sum of $2,049, with interest, predicated on the claim that the defendant wrongfully converted the amount from the account of one Leo Foust, who deposited said moneys with the bank as a special deposit in favor of the plaintiff. Cause tried to a jury, which returned a verdict in favor of the plaintiff, and judgment was entered in conformity thereto.

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Appeal from Warren District Court. — Lorin N. Hays, Judge. Action at law by plaintiff, to recover from tlie defendant bank the sum of $2,049, with interest, predicated on the claim that the defendant wrongfully converted the amount from the account of one Leo Foust, who deposited said moneys with the bank as a special deposit in favor of the plaintiff. Cause tried to a jury, which returned a verdict in favor of the plaintiff, and judgment was entered in conformity thereto. Defendant appeals. —

1Opinion of the Court

De Grape, J.]. Banks and . banking: deposits: title to and disposition . of deposits. The record discloses that one Leo Foust purchased certain cattle in the fall of 1919 from the plaintiff Hanby, and executed and delivered in consideration therefor a note and a chattel mortgage on the cattle. On February 2, 1920, Foust sold the cattle to one Harry Bookey for the sum of $3,583.70, and received a check from the vendee in payment thereof, *151which check was deposited with the defendant bank shortly thereafter. On February 9, 1920, Foust delivered his check to the plaintiff for the debt owing the…

2Cases cited6 opinions

  1. Dolph v. CrossSupreme Court of Iowa · 1911
  2. Smith v. Des Moines National BankSupreme Court of Iowa · 1899
  3. Smith v. Sanborn State BankSupreme Court of Iowa · 1910
  4. Thomas v. Exchange BankSupreme Court of Iowa · 1896
  5. Holt v. DotySupreme Court of Iowa · 1922

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Berger v. Cas' Feed Store, Inc.Supreme Court of Iowa · 1996
  2. First Bank & Trust Co. v. WelchSupreme Court of Iowa · 1934
  3. Diehl v. JohnsonNebraska Supreme Court · 1932
  4. Andrew v. Waterville Savings BankSupreme Court of Iowa · 1928
  5. Olsen v. Harlan National BankSupreme Court of Iowa · 1968

8 more not listed; retrieve them via the Exa API.

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