First Nat. Bank of Davenport v. Bennett
Supreme Court of Iowa
Appeal from, Gass District Gourt. This is a suit in equity to quiet plaintiff’s title to certain property, to set aside tbe defendant’s, Sarah Bennett’s, claim thereto, and to enjoin any interference with the property until final adjudication, and for general and special relief. O. B. Bennett, John Bennett, Sarah Bennett, and Boring & Bennett are made defendants.
Read the full summary
Appeal from, Gass District Gourt. This is a suit in equity to quiet plaintiff’s title to certain property, to set aside tbe defendant’s, Sarah Bennett’s, claim thereto, and to enjoin any interference with the property until final adjudication, and for general and special relief. O. B. Bennett, John Bennett, Sarah Bennett, and Boring & Bennett are made defendants. The issues made by the pleadings are mainly upon the good faith of the purchase by Sarah Bennett, and the payment of any consideration by her for the property; the other facts upon which the title of each is based are mainly without…
1Opinion of the CourtCole, J.
It is only necessary to state the ultimate facts as we find them, and our conclusion thereon. In April, 1870, the defendants, C. B. Bennett and A. Colflesh, executed their several negotiable promissory notes to Liveright & Baumer. The plaintiff became owner of said notes by indorsement before maturity, and sent the same for collection to Boring' & Bennett, bankers, at Atlantic. Said bankers, in reliance upon' the promise of the makers to pay the same, negligently failed to protest the notes, and to give notice of non-payment, etc., so as to bind plaintiff’s indorsers, who were good. Plaintiff…
2Cases cited3 opinions
- Pelan v. De BevardSupreme Court of Iowa · 1862
- Cook & Sargent v. DillonSupreme Court of Iowa · 1859
- Baldwin v. ThompsonSupreme Court of Iowa · 1864
3Cited by5 opinions
- Summerville v. Stockton Milling Co.California Supreme Court · 1904
- First National Bank of Healdton v. DunlapSupreme Court of Oklahoma · 1927
- Sweezy v. JonesSupreme Court of Iowa · 1884
- First National Bank of Healdton v. DunlapSupreme Court of Oklahoma · 1927
- Hayden & Co. v. GoppingerSupreme Court of Iowa · 1885