Hopper v. Moore & Co.
Supreme Court of Iowa
Appeal from Montgomery Circuit Court. The plaintiff sent to the Bank of Bed Oak a note executed by Henry Lee & Co., and guaranteed by J. F. Somes & Oo. for collection. The latter firm was composed of J. F. Somes and H. A. McFatrich, and Moore was president of the bank, which no longer has an existence; the defendants, Moore & Oo., being its successors in the business, but whether they were liable for the delinquencies of the bank was a controverted point.
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Appeal from Montgomery Circuit Court. The plaintiff sent to the Bank of Bed Oak a note executed by Henry Lee & Co., and guaranteed by J. F. Somes & Oo. for collection. The latter firm was composed of J. F. Somes and H. A. McFatrich, and Moore was president of the bank, which no longer has an existence; the defendants, Moore & Oo., being its successors in the business, but whether they were liable for the delinquencies of the bank was a controverted point. While the note was in the bank for collection, J. F. Somes drew the check of J. F. Somes & Oo. on the funds of the firm in the bank for the…
1Opinion of the Court
Seeveks, Ch. J.
1. EVIDENCE: burden of proof; bank, -There was no evidence showing or tend■ing to show, other than the fact that the defendants are the successors of the Bank of Eed Oak, that any of the funds or property of the bank passed into the hands, or under the control, of the defendants. The jury could not, therefore, find otherwise than they did. This was a necessary fact to be proved by the plaintiff, before he could recover of the defendants for the delinquencies of the bank. Or at least he should in some manner have shown that the defendants were something more than the mere…
2Cited by10 opinions
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- Mehan v. C., R. I. & P. R.Supreme Court of Iowa · 1880
- Sheldon v. BoothSupreme Court of Iowa · 1878
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