Hove v. Stanhope State Bank
Supreme Court of Iowa
Appeal from Hamilton District Court.— Hon. J. B. Whitaker, Judge. Suit was originally brought at law against the Stanhope State Bank to recover on a check given by John M. Johnson to the plaintiff. Afterward an amended and substituted petition in equity was filed by the plaintiff making John M. Johnson a party defendant. Still later P. L and W. E. Peterson intervened, claiming the fund on which the check was drawn.
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Appeal from Hamilton District Court.— Hon. J. B. Whitaker, Judge. Suit was originally brought at law against the Stanhope State Bank to recover on a check given by John M. Johnson to the plaintiff. Afterward an amended and substituted petition in equity was filed by the plaintiff making John M. Johnson a party defendant. Still later P. L and W. E. Peterson intervened, claiming the fund on which the check was drawn. The plaintiff demurred to the petition of intervention, which demurrer was taken under advisement, and the case was tried on its merits. There was a final judgment sustaining the…
1Opinion of the CourtSherwin, J.
The defendant John M. Johnson was, during the season of 1903, a tenant of the interveners. In October of that year he sold grain grown on the leased premises to a buyer by the name of Kepler, and the proceeds from such sale were deposited in the defendant bank to the credit of said John M. Johnson. About the 1st of November of the same year he gave the plaintiff his check for the amount of such deposit, $230.50, but, upon presentation of the check, payment thereof was refused by the bank. About this time, and. before the expiration of his lease, John H. Johnson left the farm in question still…
2Cases cited4 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- First National Bank v. Dubuque Southwestern Railway Co.Supreme Court of Iowa · 1879
- Kuhnes v. CahillSupreme Court of Iowa · 1905
- Dillman v. CarlinWisconsin Supreme Court · 1899
3Cited by18 opinions
- Dolph v. CrossSupreme Court of Iowa · 1911
- Brown v. ChristmanCourt of Appeals for the D.C. Circuit · 1942
- Leach v. Mechanics Savings BankSupreme Court of Iowa · 1926
- First National Bank v. Rogers-Amundson-Flynn Co.Supreme Court of Minnesota · 1922
- First National Bank v. O'ByrneAppellate Court of Illinois · 1913
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