Gibbs v. Farmers' & Merchants' State Bank
Supreme Court of Iowa
Appeal from Fremont District Court. — Hon. A. B. Thornell, Judge. Action at law to recover an amount claimed by plaintiffs to liave been overpaid by them to tbe defendants upon a note executed to the defendant bank for the sum of $2,100. It is claimed that the amount was paid through mistake, and was due to the fraud of the defendants in concealing certain payments theretofore made upon said note.
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Appeal from Fremont District Court. — Hon. A. B. Thornell, Judge. Action at law to recover an amount claimed by plaintiffs to liave been overpaid by them to tbe defendants upon a note executed to the defendant bank for the sum of $2,100. It is claimed that the amount was paid through mistake, and was due to the fraud of the defendants in concealing certain payments theretofore made upon said note. The defendants answered, admitting certain payments made in satisfaction of the note, but denying any fraud or overpayments. On the issues thus joined the case was tried to a jury, resulting in a…
1Opinion of the CourtDeemeb, C. J.
The execution of a note for $2,100 by plaintiffs to the defendant bank is conceded. It also appears without controversy that certain indorsements were made upon the back of the paper on which the note was originally written, and that these indorsements were at some time — the exact date being a matter of dispute — covered over by a green slip of paper, which was pasted upon the back of the note, completely obscuring all of the original indorsements save one, and that this piece of green paper also bore certain indorsements as having been paid upon the note. It is also conceded that on…
2Cases cited20 opinions
- Clark v. HillsTexas Supreme Court · 1886
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- Stewart v. LansingSupreme Court of the United States · 1882
- Smith v. Sac CountySupreme Court of the United States · 1871
- Willett v. RichMassachusetts Supreme Judicial Court · 1886
15 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Norland v. Iowa Department of Job ServiceSupreme Court of Iowa · 1987
- Tice v. Wilmington Chemical CorporationSupreme Court of Iowa · 1966
- First National Bank v. FordWyoming Supreme Court · 1923
- Tice v. WILMINGTON CHEMICAL CORPORATIONSupreme Court of Iowa · 1966
- Graham v. CourtrightSupreme Court of Iowa · 1917
21 more not listed; retrieve them via the Exa API.