Ind. Dist. v. Merchants' Nat. Bank
Supreme Court of Iowa
Appeal from Washington District Court. Action to recover $35,721.24 as an alleged balance of a deposit account, and also to recover tlie same amount for money alleged to have been wrongfully used by the plaintiff’s treasurer, one Parsons, in paying to the defendant bis individual indebtedness. There was a trial to a jury, and verdict -and judgment were rendered for the plaintiff for $21,538.44. The defendant appeals.
1Opinion of the Court
Adams, Cir. J.
1. KiSTituche^ipported dence.evi I. The court gave an. instruction in these words: “ If you find that said Parsons, during his term of office as treasurer of the plaintiff', drew out of the school fund^of the plaintiff, deposited by him in the defendant bank, a sum or sums for the purpose of paying or adjusting his own individual indebtedness or liability to said bank; and you further find by a preponderance of the evidence that this was done with the knowledge of the proper managing officers of the bank, other than Parsons, — then for such sum or sums thus drawn out defendant…
2Cases cited1 opinion
- Ransom v. StanberrySupreme Court of Iowa · 1867
3Cited by9 opinions
- Strong v. Iowa Central Railway Co.Supreme Court of Iowa · 1895
- Gibson v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1899
- Eggleston v. Mason & Co.Supreme Court of Iowa · 1892
- Golden v. HardestySupreme Court of Iowa · 1895
- Nicholaus v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
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