Waters v. Cass County Bank
| Decision Date | 05 December 1884 |
| Citation | 21 N.W. 582,65 Iowa 234 |
| Parties | WATERS v. THE CASS COUNTY BANK |
| Court | Iowa Supreme Court |
Appeal from Cass Circuit Court.
THIS action was brought to recover $ 400 upon what the parties denominate a deposit check. No copy of the instrument is set out, but we infer that it showed a deposit of $ 400 in the defendant bank, and a liability upon its part to repay the same. The defense is based upon the alleged fact that the money deposited did not belong to the plaintiff, but to the defendant, and that the deposit check was given by mistake. There was a trial without a jury, and judgment was rendered for the plaintiff. The defendant appeals.
AFFIRMED.
Temple & Phelps, for appellant.
E Willard, for appellee.
The deposit in question was made by the delivery by plaintiff to the defendant of a draft. This draft was obtained by the plaintiff of one Alexander, and represented a part of the purchase-money of a herd of cattle bought by Alexander of one Saunders. By what contract between Alexander and Saunders the draft in question was given by Alexander to the plaintiff, is not distinctly shown. But it appears that Saunders was indebted to the plaintiff, and it was understood by plaintiff that this draft was given to him by Alexander in payment of Saunders' debt. Neither Alexander nor Saunders was examined as a witness, but the fact undoubtedly was that Saunders directed Alexander to make this payment. So far there is no controversy. The defendant's claim to the money paid the plaintiff in this draft rests upon the alleged fact that the defendant had a mortgage upon the cattle, given by Saunders to secure a debt which he owed the defendant bank; and its legal proposition is that, when the cattle were sold by the mortgagor to Alexander, the defendant's lien attached at once upon the purchase-money, and followed it after it passed into the hands of the plaintiff.
Some question is raised in regard to the fact of the existence of the mortgage upon the cattle sold. In the mortgage shown, the description of the cattle designed to be mortgaged is not very explicit, and it is not entirely certain that the herd sold did not embrace some cattle not included in the mortgage. But we do not deem it necessary to determine this fact. The lien of the mortgage, without any question, so far as it existed upon the cattle sold, followed them into the hands of Alexander, and could not be...
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