Hamilton v. State Bank
Supreme Court of Iowa
Appeal from 'Dubuque District Court. Sale oe pledged property : pleading, etc. In view of the questions made by appellant, it is necessary briefly to state the pleadings. The plaintiff dismissed the first count of the petition, leaving the cause to stand upon the second.
Read the full summary
Appeal from 'Dubuque District Court. Sale oe pledged property : pleading, etc. In view of the questions made by appellant, it is necessary briefly to state the pleadings. The plaintiff dismissed the first count of the petition, leaving the cause to stand upon the second. The second count alleges in substance that defendant, is a banking corporation; that on the 17th day of August, 1861, plaintiff, to secure defendant for any overdrafts or advances it might make to him, did agree to pledge, and did' pledge to the defendant five $1,000 United States 7-30 bonds,, first series, with coupons…
1Opinion of the CourtDillon, J.
The plaintiff’s action was ibr cue wrongful conversion of the bonds pledged. No other cause of action was alleged. The defense was two-fold. First, that the bonds were sold by the pledgee by the express direction of the plaintiff. Second, if not that, the plaintiff knowingly received the credit therefor, and on the 5th of May, by checking out the balance due him of $233.80, had ratified the sale.
The defendant did not set forth in his answer or in any manner plead, by way of set-off or cross action, the account of the bank against the plaintiff. That the plaintiff did not regard the answer as…
2Cases cited1 opinion
- Smith v. MilburnSupreme Court of Iowa · 1864
3Cited by5 opinions
- Appeal of JeanesSupreme Court of Pennsylvania · 1887
- Hyams v. BambergerUtah Supreme Court · 1894
- Delaware v. SheltonSupreme Court of New Jersey · 1893
- Fitzgerald v. BlocherSupreme Court of Arkansas · 1878
- Territory of Montana v. OwingsMontana Supreme Court · 1878