Kushner v. Abbott
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. W. N. Treichler, Judge. Action in equity to determine the right of plaintiff to a certificate of deposit issued to him by the Commercial National Bank of Cedar Bapids, and now held by the First National Bank of Iowa City as indorsee for value without notice and in due course.
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Appeal from Linn District Court. — Hon. W. N. Treichler, Judge. Action in equity to determine the right of plaintiff to a certificate of deposit issued to him by the Commercial National Bank of Cedar Bapids, and now held by the First National Bank of Iowa City as indorsee for value without notice and in due course. The Commercial National Bank paid the amount of the certificate into court, and the decree of the lower court was that the First National Bank was entitled to the money. The plaintiff appeals.—
1Opinion of the CourtMcClain, C. J.
It appears without controversy in the record that plaintiff, a resident of Cedar Bapids, the holder of a certificate of deposit in the Commercial National Bank of that city, was induced by the defendant Abbott to visit the gambling house of the latter in Iowa City and engage in the playing of poker, in the course of which play the plaintiff lost about $58, which was all the money he had with him. Thereupon said defendant solicited plaintiff to engage in further games, offering to take his check, but plaintiff proposed to procure, if he could, the money on his certificate, and thereupon…
2Cases cited4 opinions
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- Mereness v. First National BankSupreme Court of Iowa · 1900
- Alexander & Co. v. HazelriggCourt of Appeals of Kentucky · 1906
- Dee v. Sears-Nattinger Automobile Co.Supreme Court of Iowa · 1908
3Cited by3 opinions
- Plank v. SwiftSupreme Court of Iowa · 1919
- People's Savings Bank v. SmithSupreme Court of Iowa · 1930
- Valentine v. AndrewSupreme Court of Iowa · 1927