Wapello State Savings Bank v. Colton
Supreme Court of Iowa
Appeal from Louisa District Court. — Hon. W. S. Withrow and James D. Smyth, Judges. Action on a bond executed by tbe cashier of a bank. The original petition at law was filed March 13, 1905. An amended and substituted petition was filed January 17, 1906. A motion- to strike the last twenty-five items of this was filed on the following day, and sustained.
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Appeal from Louisa District Court. — Hon. W. S. Withrow and James D. Smyth, Judges. Action on a bond executed by tbe cashier of a bank. The original petition at law was filed March 13, 1905. An amended and substituted petition was filed January 17, 1906. A motion- to strike the last twenty-five items of this was filed on the following day, and sustained. From this ruling the plaintiff appealed, and the order was affirmed by the Supreme Court February 5, 1907. On the 3d day of September following plaintiff filed an amended and supplemental petition in equity, and on motion of defendauts this…
1Opinion of the CourtLadd, J.
The amended and substituted petition was at law, and set out in haec verba the minutes of the proceedings of the board of directors of the bank insofar as these related to the employment of the cashier. On the former appeal the cashier was held to have been elected originally for an indefinite period, but that the minutes of the board of directors of January 6, 1897, reciting that defendant Colton “and E. G. Heins be employed for the next year as cashier and clerk, respectively, for the total sum of $1,200, to he divided between them,” indicated the election of the cashier for a new term,…
2Cases cited20 opinions
- Barnum v. BarnumCourt of Appeals of Maryland · 1875
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- State ex rel. Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1906
- Guthrie v. HowlandIndiana Supreme Court · 1905
- Allen v. ChurchSupreme Court of Iowa · 1897
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3Cited by15 opinions
- Liken v. ShafferDistrict Court, N.D. Iowa · 1946
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Hoskins v. Hotel Randolph Co.Supreme Court of Iowa · 1927
- Buttman v. ChristySupreme Court of Iowa · 1924
- Mason v. CaterSupreme Court of Iowa · 1921
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