Sanbourn v. Smith & White
Supreme Court of Iowa
Appeal from Gass District Court. The plaintiff filed in the Cass District Court his petition, in substance as follows: “That on the 9th day of September, 1874, the defendants were doing a banking business in Atlantic, Cass county, Iowa, under the firm name of Smith & White, and so continued for some months thereafter.
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Appeal from Gass District Court. The plaintiff filed in the Cass District Court his petition, in substance as follows: “That on the 9th day of September, 1874, the defendants were doing a banking business in Atlantic, Cass county, Iowa, under the firm name of Smith & White, and so continued for some months thereafter. That on the said 9th day of September, 1874, they executed to the plaintiff' their certificate of deposit, in the sum of two hundred dollars, in words and figures as following, to-wit: iC d59nn Smith & White, Bankers, } ® ' Atlantic, Iowa, Sept. 9, 1874. f “ L. C. Sanbourn,…
1Opinion of the CourtDay, J.
í vende: S1Cof°de-ifi" posit. Section 2581 of the Code provides: “When, by its terms, a written contract is to be performed in any particular place; action for breach thereof may be brought county wherein such place is situated.” We the fair and reasonable construction of the writing sued on is that, by its terms, it provides for payment in Atlantic. It is proper to consider the situation and surroundings of the parties, as set forth in the petition, in construing the contract which they have made.
The defendants were doing a banking business in Atlantic, Cass county. The plaintiff deposited…
2Cases cited1 opinion
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