Legal Opinion

First Bank & Trust Co. v. Welch

Supreme Court of Iowa

Decided December 26, 1934No. 42640PublishedCited by 8 opinions

1Opinion of the CourtAnderson, J.

This is an action in equity for judgment upon promissory notes and to foreclose a mortgage on real estate securing the same. All defendants default except Frank G., Edna B., and Anna E. Welch. The issues raised by the answers of the named defendants and the counterclaim by Frank G. Welch are: (1) Does the mortgage sought to be foreclosed secure future advances made to the defendant Frank G. Welch? (2) Did the plaintiff bank act illegally in appropriating and applying the proceeds of a check deposited with it for collection, and are the defendants entitled to have the proceeds of such check…

2Cases cited18 opinions

  1. Dolph v. CrossSupreme Court of Iowa · 1911
  2. Smith v. Sanborn State BankSupreme Court of Iowa · 1910
  3. Trustees v. . Banking Co.Supreme Court of North Carolina · 1921
  4. Hinman v. TreinenSupreme Court of Iowa · 1923
  5. Trustees of Elon College v. Elon Banking & Trust Co.Supreme Court of North Carolina · 1921

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3Cited by8 opinions

  1. United States v. American National Bank of Jacksonville and Title & Trust Company of FloridaCourt of Appeals for the Fifth Circuit · 1958
  2. First v. ByrneSupreme Court of Iowa · 1947
  3. Murdock Acceptance Corporation v. JonesCourt of Appeals of Tennessee · 1961
  4. Northern Trust Co. v. AndersonSupreme Court of Iowa · 1935
  5. Holiday Inns, Inc. v. Sucher-Schaefer Investment Co.Michigan Court of Appeals · 1977

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