Priest v. Whitney Loan & Trust Co.

Hamilton, J.-

This is an appeal by plaintiff from an order of court overruling a motion to strike the entire affirmative defense of defendant’s answer. Plaintiff is the owner and holder of a certificate of deposit issued by the defendant bank under date of September 1, 1931. Defendant is a banking corporation organized under the laws of Iowa governing state and savings banks and trust companies. The certificate of deposit in question is in the usual form of interest coupon certificates, in the amount of $4,000, with six coupons of $80 each, due each six months. The certificate contains a…