City of Keokuk v. Love
Supreme Court of Iowa
Appeal from Lee District Court. Action by the eity of Keokuk upon the official bond, as city treasurer, given by H.. K. Love, as principal, and 0. K. Peck and thirteen others, as his sureties. The sureties deny, the claim of plaintiff/and rely upon certain matters by way of set-off.
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Appeal from Lee District Court. Action by the eity of Keokuk upon the official bond, as city treasurer, given by H.. K. Love, as principal, and 0. K. Peck and thirteen others, as his sureties. The sureties deny, the claim of plaintiff/and rely upon certain matters by way of set-off. They also file a cross-petition in equity against the city of Keokuk and the receiver of -the First National Bank of Keokuk, alleging that certain moneys received by Love, as city treasurer, were deposited in said bank and had never been withdrawn therefrom, and they ask to be subrogated to the rights of the city…
1Opinion of the CourtCole, J.
— I. The sureties claim that the First National Bank of Keokuk was indebted to their principal, H. K. Love, as city treasurer; this is denied by-the bank. As the whole right of subrogation, as sought, is and must be grounded upon the correctness of this claim, we first turn our attention to this question of fact.
H. K. Love was a large stockholder in, and was the president of, the bank and kept his office' in it. lie deposited in the bank all the money of the city which came to his hands as treasurer, and the same was invariably entered in the accounts and books of the bank to the credit of…
2Cases cited1 opinion
- Braught v. GriffithSupreme Court of Iowa · 1864
3Cited by13 opinions
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
- Maryland Casualty Co. v. GoughOhio Supreme Court · 1946
- Lochenmeyer v. FogartyIllinois Supreme Court · 1884
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- Searing v. BerrySupreme Court of Iowa · 1882
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