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BENNETT v. FIRST NATIONAL BANK OF HUMBOLDT, IOWA

No. 20647.

443 F.2d 518 (1971)

Herbert R. BENNETT, Trustee in Bankruptcy of Hawkeye Loan Company, Inc., and Hawkeye Credit Company, Appellant, v. FIRST NATIONAL BANK OF HUMBOLDT, IOWA, a Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

June 4, 1971.

Attorney(s) appearing for the Case

Steven A. Carter, Sioux City, Iowa, Maurice B. Nieland, Keith A. Beekley, Sioux City, Iowa, for appellant.

William J. Koehn, William R. King, Des Moines, Iowa; Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, Iowa, of counsel.

John H. Mitchell, Fort Dodge, Iowa, for appellee, First National Bank of Humboldt; Mitchell, Mitchell, Murray & Goode, Fort Dodge, Iowa, of counsel.

Before MATTHES, Chief Judge, GIBSON, Circuit Judge, and HENLEY, District Judge.

MATTHES, Chief Judge.

The issue generated by this litigation is whether the First National Bank of Humboldt, Iowa, violated an alleged contractual obligation to the Hawkeye Loan Co., Inc. by honoring and charging to the account of the company two checks totaling $18,172.91, the proceeds thereof having been paid to Maurice Thompson, president of Hawkeye. A brief resume of the background will place the issue in proper prospective.

Hawkeye maintained a checking...

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