McClain v. Torkelson
Supreme Court of Iowa
Appeal from Winnebago District Court. — J. J. Clark, Judge. The defendant Torkelson drew checks upon the Forest City National Bank, and against a general checking account, and to an amount not greater than the funds he had on deposit. The Freeborn County State Bank, upon presentation of these checks, paid the same to defendant. The defendant was indebted to the plaintiff, and he garnished the Iowa bank.
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Appeal from Winnebago District Court. — J. J. Clark, Judge. The defendant Torkelson drew checks upon the Forest City National Bank, and against a general checking account, and to an amount not greater than the funds he had on deposit. The Freeborn County State Bank, upon presentation of these checks, paid the same to defendant. The defendant was indebted to the plaintiff, and he garnished the Iowa bank. The garnishment process was served after the checks had been presented to and paid by the Freeborn County State Bank, and before these checks reached the Iowa bank. ’ The question is whether…
1Opinion of the CourtSalinger, J.
I. Unless Section 3060-al89, Code Sup*204plement, 1913, a part of the Negotiable Instrument Act, has effected a change in pre-existing law, there must be an affirmance. The appellants concede that, before the enactment of said statute, it was settled in this jurisdiction that presentation to and the payment of a check by 'a bank other than the bank of deposit operated to divest the title of the giver of the check in the deposit against which the check was drawn. And the concession is well made. Such payment amounts to an equitable assignment pro tanto of such fund. Kuhnes v. Cahill, 128 Iowa 594;…
2Cases cited21 opinions
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Dolph v. CrossSupreme Court of Iowa · 1911
- Smith v. Sanborn State BankSupreme Court of Iowa · 1910
- Goldman v. MurrayCalifornia Supreme Court · 1912
- Schollmier v. SchoendelenSupreme Court of Iowa · 1889
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3Cited by7 opinions
- Leach v. Mechanics Savings BankSupreme Court of Iowa · 1926
- Union State Bank v. Peoples State BankWisconsin Supreme Court · 1927
- El Dorado National Bank v. Butler County State BankSupreme Court of Kansas · 1926
- Murray v. American Savings BankSupreme Court of Iowa · 1924
- Wilkins v. GannonSupreme Court of Oklahoma · 1935
2 more not listed; retrieve them via the Exa API.