Legal Opinion

First National Bank v. Day Bros.

Supreme Court of Iowa

Decided December 13, 1879PublishedCited by 8 opinions

Appeal from, Winneshiek Circuit Court. Action in chancery. Upon a trial on -tbe merits in the court below tliere was a decree dismissing plaintiff’s petition from which it prosecutes this appeal. The facts of the case appear in the opinion.

1Opinion of the Court

Beck, Ch. J.

— I. The petition alleges that defendants made their draft upon W. IT. Valleau, payable at a future day to plaintiff!, which was accepted by the drawer; that defendants represented and warranted, when the draft was made to and discounted by plaintiff, tliat they held a good and sufficient mechanic’s lien upon an elevator .and lots wliereou it was sit*681uated, to secure the indebtedness of Valleau against which the draft was drawn, and that it carried the security of the lien and was an equitable assignment thereof; that plaintiff’ relying upon these representations purchased the…

2Cited by8 opinions

  1. Hutcheson v. KingCourt of Appeals of Texas · 1904
  2. O'Connor v. Current River RailroadSupreme Court of Missouri · 1892
  3. Peatman v. Centerville Light, Heat & Power Co.Supreme Court of Iowa · 1898
  4. Brown v. SmithSupreme Court of Iowa · 1880
  5. Kane v. LuckmanU.S. Circuit Court for the District of Northern Iowa · 1904

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