| Iowa | Jun 14, 1864
The conclusion of the Court was announced by—
This case involves the identical question decided in the case of The Bank of the State of Indiana v. Anderson and others, 14 Iowa, 544" court="Iowa" date_filed="1863-04-15" href="https://app.midpage.ai/document/bank-of-the-state-v-anderson-7092741?utm_source=webapp" opinion_id="7092741">14 Iowa, 544. The decision in that case was made by a majority of the court as then constituted, Mr. Justice Lowe, who still adheres to the same opinion, dissenting. As an original question, it is full of difficulty. In behalf of the plaintiff McClure, it may be said that his right is clear, under the well recognized rule that where the equities are equal the prior legal right shall prevail. While the- defendants, Beatty & Clement, may with like confidence claim the application of an equally,well, settled rule, that when one of two innocent parties must suffer by the wrongful act of .a third person, he must suffer who placed (or.left) it in the power of such third, person to do the wrong.