Brown v. Sheldon State Bank
Supreme Court of Iowa
Appeal from, O’Brien District Court. — HoN. F. B. GayNob, Judge. This action was originally brought in equity, by stock-' holders in the defendant Sheldon State Bank, located at Sheldon, O’Brien county, to wind up and settle the business and affairs of said bank, alleged to be insolvent. On application of the plaintiffs, B. W. Ady was appointed receiver, and given power usual in such cases.
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Appeal from, O’Brien District Court. — HoN. F. B. GayNob, Judge. This action was originally brought in equity, by stock-' holders in the defendant Sheldon State Bank, located at Sheldon, O’Brien county, to wind up and settle the business and affairs of said bank, alleged to be insolvent. On application of the plaintiffs, B. W. Ady was appointed receiver, and given power usual in such cases. In due time the receiver gave notice to the creditors of the bank to present and file, ivith the clerk of the court, their claims and demands, duly verified, etc. In response to such notice various…
1Opinion of the Court
Bishop, J.—
A motion to dismiss the appeal has been submitted with the case. We have examined into the grounds on which the motion is predicated, and reach the conclusion that it should be overruled. We need not enter upon a detailed discussion of such grounds.
First in order of presentation is the claim of the People’s Savings Bank of Sioux City. This claim is based upon two instruments in -writing, purporting, in usual form, to be certificates of deposit issued by the Sheldon bank. One thereof bears date September 5, 1903, and recites that “ People’s Savings Bank, has deposited in the Sheldon…
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