First National Bank v. Marshalltown State Bank
Supreme Court of Iowa
Appeal from Marshall District Court.' — IIon. O. Caswell, Judge. One F. M. Smith, having in his possession a check drawn on plaintiff bank, payable to the order of Smith & Hauser, and purporting to be signed by one J. R. Bradbury, indorsed the payee’s name thereon, and presented it to the Citizens’ Bank of Union, and obtained of this bank the cash therefor. This last named bank indorsed the check as follows: “Bay F. A. Balch, cashier, or order. Citizens’ Bank, Union, Iowa.
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Appeal from Marshall District Court.' — IIon. O. Caswell, Judge. One F. M. Smith, having in his possession a check drawn on plaintiff bank, payable to the order of Smith & Hauser, and purporting to be signed by one J. R. Bradbury, indorsed the payee’s name thereon, and presented it to the Citizens’ Bank of Union, and obtained of this bank the cash therefor. This last named bank indorsed the check as follows: “Bay F. A. Balch, cashier, or order. Citizens’ Bank, Union, Iowa. O. E. Lawrence, Cashier,” — and forwarded it to the Marshalltown State Bank, uf which Balch was cashier, and received…
1Opinion of the CourtWaterman, J.
A few facts in addition to those stated above are shown by the record, and something is claimed for them by the parties. We shall set them out, although, in our view of the case, they c[o not affect the conclusion at which we arrive. One Hauser was engaged in business near Union, and Smith, whose misdeed gives rise to this contention, was stopping with him. Shortly prior to the transaction complained of, Hauser sold some live stock to Bradbury, and Smith, who collected the money therefor, took from Bradbury a check, payable to the order of Smith & Hauser. This check Smith endorsed in the name…
2Cases cited13 opinions
- First National Bank v. Northwestern National BankIllinois Supreme Court · 1894
- First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
- Bank of St. Albans v. Farmers & Mechanics BankSupreme Court of Vermont · 1838
- Germania Bank of Minneapolis v. BoutellSupreme Court of Minnesota · 1895
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3Cited by13 opinions
- United States v. Chase National BankSupreme Court of the United States · 1920
- Home Indemnity Co. v. State BankSupreme Court of Iowa · 1943
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
- Bank of Williamson v. McDowell County BankWest Virginia Supreme Court · 1909
- Canadian Bank of Commerce v. BinghamWashington Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.