197 Iowa 150 | Iowa | 1924
The material testimony concerning the character of the de- ’ posit is in dispute. Foust testifies that, when he deposited the cattle check, he told the cashier of the defendant bank that he wanted to leave the check and have it listed separately from his account at the bank, as a certain amount of it belonged to Hanby, but the exact amount he did not know. He also testifies that the cashier asked him whether or not he had been selling some cattle, to-which he replied, “Yes,” and that the cashier then inquired, “Are they the cattle that Mr. Hanby had a mortgage on?” to which Foust again replied, “Yes.” The cashier testified that he did not remember such a conversation, and denied that there was such a conversation. Plaintiff testified that, on February 11, 1920,' he met the cashier at a land sale, and told him of the receipt of the check the day before from Foust, and asked the cashier if the money was in the bank, to which the cashier replied that Foust had left the money, and that he (cashier) would take care of it. The cashier states that he does not remember this conversation. Prior to the time that the bank refused payment of the Hanby check, the indebtedness owing by Foust to the bank had been charged off by the bank from Foust’s account, and other checks drawn by Foust had been paid by the bank from this account.
The verdict of the jury must have been based on the testimony of Foust, and it is evident that the jury believed his testimony. If, at' the time the deposit was made, the cashier of the
A bank to whom a depositor is owing a matured indebtedness may appropriate the general deposit of its debtor to the discharge of the obligation. With this rule there is no quarrel. It is no less certain that a deposit made for a special purpose or under a special agreement or with knowledge or notice on the part of the bank of its trust character cannot lawfully be so appropriated. Our own views on this proposition have been frequently expressed before. Thomas v. Exchange Bank, 99 Iowa 202; Smith v. Des Moines Nat. Bank, 107 Iowa 620; Smith v. Sanborn St. Bank, 147 Iowa 640; Dolph v. Cross, 153 Iowa 289; Porter Auto Co. v. First Nat. Bank, 185 Iowa 844.
When a person has money which in equity and good conscience belongs to another, and it can be traced into the hands of such person, who has neither paid a valuable consideration therefor nor changed his relation to the person, .from whom the fund was received, so as to give rights to any equitable defense against the claims of the true owner of such fund, the latter should recover, when it is shown that he who claims' it against the true owner has notice of the trust character of the fund so received or appropriated.
In conclusion it may be said that the appellant herein does not set out in his brief any assignment of error, and his fifteen points or propositions are mere statements of legal principle. Error relied upon must be pointed out. This court is entitled to know without searching the record whether there is something upon which error may .be predicated. Holt v. Doty, 193 Iowa 582. The primary proposition as argued by appellant involves the sufficiency of the evidence to sustain the verdict. To this we have made answer. The exceptions to the instructions recite no specific ground on which the objections are based, and the brief points noted by appellant are quite silent in this particular. Under the rules of this court, appellant is not entitled to have any errors considered; but we are satisfied, upon a review of the record, that it does not contain reversible error.
Wherefore the judgment entered is — Affirmed.