Todd v. State Bank
Supreme Court of Iowa
Appeal from Delaware District Court. — O. W. Mullan, Judge. Action to enforce an agreement, whereby it is claimed that defendant received a sum of money originally deposited with the Delaware County State Bank, and afterwards taken over by defendant upon an agreement to return the same to plaintiff on demand, if plaintiff did not receive title to certain land in the state of Texas, which plaintiff had purchased from the American & Canadian Land Company.
Read the full summary
Appeal from Delaware District Court. — O. W. Mullan, Judge. Action to enforce an agreement, whereby it is claimed that defendant received a sum of money originally deposited with the Delaware County State Bank, and afterwards taken over by defendant upon an agreement to return the same to plaintiff on demand, if plaintiff did not receive title to certain land in the state of Texas, which plaintiff had purchased from the American & Canadian Land Company. It is alleged that this money was deposited in the banks as a tender off the amount due on certain notes given for the Texas land, with a…
1Opinion of the CourtWeaver, J.
1. Bills and notes: holder in due course: knowledge that note is one of two mutual, and dependent contracts. — I. In,March of the year 1909, plaintiff and one F. B. Peet separately entered into written contracts with the American & Canadian Land Company, of Tipton. Iowa, for the purchase of certain Texas lands. Plaintiff, Todd, agreed to pay $3,600 for his tract, $800 of which he paid in cash, and the balance, $2,800, was represented by two negotiable promissory notes, in the sum of $1,400 each, maturing March 18, 1912. Peet agreed to pay $7,200 for his land, $3,200 of which was paid by a…
2Cases cited29 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Reiger v. TurleySupreme Court of Iowa · 1911
- Sutton v. GriebelSupreme Court of Iowa · 1902
- National Hardware Co. v. SherwoodCalifornia Supreme Court · 1913
- Courtright v. DeedsSupreme Court of Iowa · 1873
24 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Mutual Finance Co. v. MartinSupreme Court of Florida · 1953
- Miller v. LaingSupreme Court of Iowa · 1931
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- In Re Estate of BrooksSupreme Court of Iowa · 1940
- Eaton v. DowneySupreme Court of Iowa · 1962
28 more not listed; retrieve them via the Exa API.