Legal Opinion

McElroy v. Allfree

Supreme Court of Iowa

Decided June 13, 1906Published

Appeal from Jasper District Court.— Hon. Byron W. Preston,. Judge. This is a proceeding in probate for the allowance of a claim against tbe estate of George D. Wood, deceased. Defendant answered by a general denial. The trial court allowed the claim in full, and defendant appeals.—

1Opinion of the Court

Deemer, J.—

George D. Wood before his death was the cashier of and had the exclusive management of what was known as the “ Bank of Colfax,” a co-partnership composed of George D. Wood and Alexander Wood, engaged in the banking business at the town of Colfax. Plaintiff is the receiver of the co-partnership; and defendant, the administrator of George D. Wood’s estate. It is claimed that George D. Wood, while acting as cashier and managing officer of the partnership, which we shall hereafter call the bank, wrongfully, fraudulently, carelessly, and negligently, without the consent of his partner,…

2Cases cited7 opinions

  1. Wormley v. HamburgSupreme Court of Iowa · 1874
  2. Curd v. WisserSupreme Court of Iowa · 1903
  3. Martin v. ShannonSupreme Court of Iowa · 1894
  4. Campbell Banking Co. v. ColeSupreme Court of Iowa · 1893
  5. Giesecke Boot & Shoe Manufacturing Co. v. SeeversSupreme Court of Iowa · 1892

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