173 Iowa 659 | Iowa | 1916
I. M. J. Butler owned and operated a large farm near Hamburg. Owing to ill health, he went to Excelsior Springs, Missouri, for treatment, leaving his wife, Anna L. Butler, in charge. In paying current expenses,'she issued checks on her husband’s account, and on June 22, 1910, sold the fat hogs to one Reed, who, in payment thereof, gave her a check, or stock ticket. She deposited this with the Farmers National Bank, succeeded by defendant,'and received a slip in language as follows:
Deposited with FARMERS NATIONAL BANK Hamburg, Iowa, 6/22 1910. for account of MRS. M. J. BUTLER.
Dollars Cents.
Currency ..............................
Silver1 .................................
Gold ................................ 698 40
(Sgd) Dupt. W. R. Erwin.
She had had no account with the bank, and nothing seems then to have^ been said about opening one, and the deposit was entered to her husband’s credit in his account. Thereafter, Mrs. Butler checked on this account in payment of his expenses, as before; and when, upon Butler’s return, some weeks later, his pass book was balanced, she noticed that the deposit had been credited to him. She testified that she informed the bank, within two weeks after the deposit was