Legal Opinion

Simon Casady & Co. v. German Savings Bank

Supreme Court of Iowa

Decided March 17, 1913PublishedCited by 12 opinions

Appeal from Po-llc District Court. — Hon. Lawrence De Graff, Judge. Suit in equity to impress a trust or establish an equitable lien upon certain funds in the hands of defendant bank, derived from the sale of certain cattle belonging to one Hartzell, upon which it is claimed plaintiff had a chattel mortgage. The trial court dismissed plaintiff’s petition, and plaintiff appeals.

1Opinion of the CourtDbemer, J.

Plaintiff is a copartnership and defendant a corporation, each doing a banking business, the former at the town of Cumming, in Warren county, and the latter in the city of Des Moines. One O. M. Hartzell was a farmer *151engaged in tilling the soil and raising stock in Madison county; his post office address and market town being Cumming. In the year 1907 he borrowed of plaintiff the sum of $2,000, and gave his note for that amount, maturing March 20, 1908. To secure this note, he executed and delivered to plaintiff, concurrently with the execution of the note, a chattel mortgage purporting to…

2Cases cited16 opinions

  1. Smith & Co. v. McLeanSupreme Court of Iowa · 1868
  2. Farmer v. Bank of GraettingerSupreme Court of Iowa · 1906
  3. Smith v. Crawford County State BankSupreme Court of Iowa · 1894
  4. Barrett v. FischSupreme Court of Iowa · 1889
  5. Waters v. Cass County BankSupreme Court of Iowa · 1884

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3Cited by12 opinions

  1. First National Bank of Grand Meadow v. Security Trust & Savings Bank of Charles CitySupreme Court of Iowa · 1921
  2. United States v. FlemingDistrict Court, N.D. Iowa · 1946
  3. Jones v. Home Savings BankSupreme Court of Iowa · 1925
  4. Summer Thomas v. LawlerSupreme Court of Iowa · 1928
  5. Liscomb State Savings Bank v. AkersSupreme Court of Iowa · 1924

7 more not listed; retrieve them via the Exa API.

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