Fidelity Savings Bank v. Reeder
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. J.' M. Parker, Judge. Action to recover a sum of money alleged to have been paid to the defendant by mistake. Judgment for the defendant, and plaintiff appeals.
1Opinion of the CourtWeaver, J.
The defendant was a depositor in the plaintiff bank, and on May 31, 1907, presented his book at the counter, desiring to withdraw the amount to his credit. It is shown without controversy that the amount due him on that date, principal and interest, was $1,285.22, and *374no more, and this sum defendant admits he received. Plaintiff claims,. however, that by mutual mistake of the parties the amount due the defendant was computed as being $1,-385.22, and that, acting upon such mistaken belief, its cashier paid to defendant the latter sum, making an overpayment of $100, which upon demand the…
2Cases cited5 opinions
- Worley v. MooreIndiana Supreme Court · 1884
- Holmes v. Lucas CountySupreme Court of Iowa · 1880
- Iowa State Bank v. Cereal Refund & Brokerage Co.Supreme Court of Iowa · 1906
- Hoffmann v. CockrellSupreme Court of Iowa · 1900
- Johnson v. SaumSupreme Court of Iowa · 1904
3Cited by8 opinions
- Reeves v. Better Taste Popcorn CompanySupreme Court of Iowa · 1954
- Russo-Chinese Bank v. National Bank of CommerceCourt of Appeals for the Ninth Circuit · 1911
- Andrew v. Union Savings Bank & Trust Co.Supreme Court of Iowa · 1938
- Forsythe v. KluckhohnSupreme Court of Iowa · 1913
- Independent School District No. 5 v. SolonSupreme Court of Iowa · 1913
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