Legal Opinion

Leach v. Hale

Supreme Court of Iowa

Decided January 28, 1870PublishedCited by 6 opinions

Ajpjjeal from Lee Cvrouit Cov/rt. As a cause of action the petition avers that plaintiff deposited, in the First National Bank of Keokuk, $é00 in 7:30 United States bonds, to be converted into 5:20 six per cent United States securities; that the bonds being worth a premium of ten per centum were of the value of $4A0; that plaintiff demanded the return of one or the other class of bonds of the receiver of the bank, which was refused, and that the conversion of United States…

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Ajpjjeal from Lee Cvrouit Cov/rt. As a cause of action the petition avers that plaintiff deposited, in the First National Bank of Keokuk, $é00 in 7:30 United States bonds, to be converted into 5:20 six per cent United States securities; that the bonds being worth a premium of ten per centum were of the value of $4A0; that plaintiff demanded the return of one or the other class of bonds of the receiver of the bank, which was refused, and that the conversion of United States bonds from one class into another was a part of the legal business of the bank from which it derived profit. A written…

1Opinion of the CourtBeck, J.

i Backs’ ^ isanMng^iaw: bailments. — I. ¥e will notice the objections made by defendant’s counsel in the order they are discussed in the printed argument. The first point presented l'or our consideration is this one: The transaction, which is the foundation of the action, amounts in law to a bailment and not to an indebtedness or promise to pay money. The petition claims recovery *72as upon an indebtedness or promise to pay money; judgment therefore cannot be rendered thereon. In support of his views defendant’s counsel argues that, from the evidence, it appears that plaintiff deposited certain…

2Cases cited1 opinion

  1. Treadway v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1866

3Cited by6 opinions

  1. Kegan v. Park BankSupreme Court of Missouri · 1928
  2. Goshorn v. People's National BankIndiana Court of Appeals · 1903
  3. Yerkes v. . National BankNew York Court of Appeals · 1877
  4. Hillis v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1887
  5. First Nat. Bank of Kiowa v. MeeSupreme Court of Oklahoma · 1927

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