Johnson v. Buffalo Center State Bank
Supreme Court of Iowa
Appeal from Winnebago District Court. — 'Hon. Clifford P. Smith, Judge. Action on a certificate of deposit issued by the Clay County Bank of Felton, Minn., to “ E. E. Secor, Cashier,” and by indorsement of “ E. E. Secor, Cashier,” transferred to the State Bank of Dows, and by that bank to plaintiff.
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Appeal from Winnebago District Court. — 'Hon. Clifford P. Smith, Judge. Action on a certificate of deposit issued by the Clay County Bank of Felton, Minn., to “ E. E. Secor, Cashier,” and by indorsement of “ E. E. Secor, Cashier,” transferred to the State Bank of Dows, and by that bank to plaintiff. It is alleged that Secor, to whom as cashier the certificate of deposit was issued, and by whom it was indorsed, was the cashier of the defendant bank, and, acting in that capacity, transferred the instrument to the State Bank of Dows. In the answer of defendant it is admitted that Secor was its…
1Opinion of the Court
McClain, J.—
*7331. Uncontradence; Esubissue. *732The first contention for the appellant is that the question whether plaintiff was a holder of the *733certificate of deposit in due course — that is, a purchaser for value before maturity without notice of any defenses — should have been submitted to the jury. But it is conceded that there was sufficient evidence for the plaintiff on this issue to support a verdict, and that this evidence is wholly uncontradicted. The rule in this State seems to be that, where the evidence in favor of the party having the burden of proof on an issue is in no way…
2Cases cited1 opinion
- Joy v. . DiefendorfNew York Court of Appeals · 1891
3Cited by9 opinions
- Connelly v. Greenfield Savings BankSupreme Court of Iowa · 1921
- City National Bank of Auburn v. MasonSupreme Court of Iowa · 1922
- First National Bank of Montour v. BrownSupreme Court of Iowa · 1924
- First National Bank v. DuttonSupreme Court of Iowa · 1925
- Kern v. KieferSupreme Court of Iowa · 1927
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