Hall v. Farmers' & Citizens' Savings Bank
Supreme Court of Iowa
Appeal from Clinton Circuit Cou/rt. Action to recover an alleged balance of a deposit account. The plaintiff avers that on the 9th day of January, 1879, there was due her from the defendant the sum of $190, which the defendant refuses to pay.
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Appeal from Clinton Circuit Cou/rt. Action to recover an alleged balance of a deposit account. The plaintiff avers that on the 9th day of January, 1879, there was due her from the defendant the sum of $190, which the defendant refuses to pay. The defendant denies such indebtedness and avers that there is due the plaintiff only the sum of $5.48, and that that sum is not yet payable, under the rules and custom of the bank, because it has not been properly demanded by plaintiff upon presentation by her of her bank book. There was a trial by jury, and verdict and judgment were rendered for the…
1Opinion of the Court
Adams, On. J.
— The account between the plaintiff and defendant was entered by the defendant in a bank book, or pass book, such as is-usually held by bank depositors. The entries were made by the cashier of the bank in the presence of the plaintiff, or her agent, and the book was given to the plaintiff as her vouchers. According to the entries thus made in the book, the amount due the plaintiff was the amount which she claimed; But upon one occasion the plaintiff left the book with the defendant for a short time, for the purpose of having the interest computed. While the defendant had the…
2Cited by4 opinions
- Withey v. Fowler Co.Supreme Court of Iowa · 1914
- Kruse v. Seiffert & Weise Lumber Co.Supreme Court of Iowa · 1899
- Gross v. FeehanSupreme Court of Iowa · 1899
- Breemer v. Burgess, Washington Territory1884