Tarbell v. A. J. Stevens & Co.
Supreme Court of Iowa
Appeal from the Polk District Court. The plaintiff sues on certain bills of tlie Agricultural Bank of Tennessee, and as a ground for the defendants’ liability, alleges that defendants prior to the first of June, 1857, were bankers in Polk county, and in the course of their said business, *• represented themselves to be the owners of, and personally liable for, certain bank notes, to-wit: of the Agricultural Bank of Tennessee, as stockholders in said bank; which…
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Appeal from the Polk District Court. The plaintiff sues on certain bills of tlie Agricultural Bank of Tennessee, and as a ground for the defendants’ liability, alleges that defendants prior to the first of June, 1857, were bankers in Polk county, and in the course of their said business, *• represented themselves to be the owners of, and personally liable for, certain bank notes, to-wit: of the Agricultural Bank of Tennessee, as stockholders in said bank; which representations they made by their published card, printed in the paper of said county, and by their oft repeated verbal…
1Opinion of the CourtWoodward, J.
As to the third cause of demurrer, we are of the opinion that the annexation of one bill of each denomination, with the averments made by the plaintiff, and with a view to the known similarity of bank bills, is a sufficient compliance with the law in this respect. No *166good object- is perceived, for annexing' the - whole- of the seventy-two bills. The. defendant lias-perfect noticd of the entire claim, and of each particular constituting it. - • .
• In regard to the second ground of demurrer — that-it is not averred that the-notes hav.e'been presented at the bank' for payment,r — in the present…
2Cited by4 opinions
- Watt v. German Savings BankCourt of Appeals of Iowa · 1917
- Allen v. PegramSupreme Court of Iowa · 1864
- Weisz v. PriceSupreme Court of Iowa · 1919
- Miller v. PoundSupreme Court of Iowa · 1939