Legal Opinion

Streeter v. First National Bank

Supreme Court of Iowa

Decided March 19, 1880PublishedCited by 2 opinions

Appeal from Tama District Cott/rt. The right of the plaintiffs to recover depends on the same facts. The actions were consolidated in the court below, and are presented on a single abstract.

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Appeal from Tama District Cott/rt. The right of the plaintiffs to recover depends on the same facts. The actions were consolidated in the court below, and are presented on a single abstract. The object sought is to recover of the defendant the,amount of a certificate of deposit issued by it to one Bradshaw, a portion of which the plaintiff Streeter claims was assigned to him, and the plaintiff 'Byington claims to have recovered a judgment against Bradshaw, and that he is entitled to recover of the defendant, by reason of certain garnishment proceedings. Trial to the court, judgment for the…

1Opinion of the CourtSebvers, J.

i TT,r.T„r„r tfón; national hanks. These actions are not triable de novo, but the material undisputed facts are: That O. B. Bradshaw sold and indorsed to the defendant certain notes secure(I by mortgage on real estate, executed by one jjay2iett. Bradshaw was the owner of a certificate of deposit issued by the defendant, which he also assigned to it as collateral security for the payment of the notes and mortgage. The certificate, or a portion of the amount due thereon, was assigned to the plaintiff Streeter, subject, however, to the conditions under which it was held by the defendant. A…

2Cases cited4 opinions

  1. National Bank v. MatthewsSupreme Court of the United States · 1879
  2. First National Bank of Waterloo v. ElmoreSupreme Court of Iowa · 1879
  3. Wilson v. ConklinSupreme Court of Iowa · 1867
  4. People ex rel. Austin v. FralickMichigan Supreme Court · 1864

3Cited by2 opinions

  1. Corporation of America v. EustaceCalifornia Supreme Court · 1932
  2. Adrian State Bank v. EichmeierSupreme Court of Iowa · 1913

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