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RITLAND v. SECURITY STATE BANK, RADCLIFFE

No. 51418.

131 N.W.2d 464 (1964)

Howard RITLAND, Guardian of Osa Ritland, aged, Plaintiff-Appellee and Cross-Appellant, v. SECURITY STATE BANK, RADCLIFFE, Iowa, Defendant-Appellant.

Supreme Court of Iowa.

November 17, 1964.

Attorney(s) appearing for the Case

Lynch, Dallas, Smith & Harman, Cedar Rapids, for defendant-appellant.

Larson & Larson, Story City, and Lundy, Butler & Wilson, Eldora, for plaintiff-appellee and cross-appellant.

LARSON, Justice.

This is an action brought in two divisions to recover the face amount of two time certificates of deposit issued by the defendant Security State Bank of Radcliffe, Iowa, on August 13, 1952. Jury being waived, the court found for plaintiff in Division I and for defendant in Division II. Assigned as error is the failure of the trial court to find defendant had proved conclusively that the $9,000.00 obligation had been paid by setoff, and failure to...

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