Bauman v. Walter
Bauman v. Walter
Opinion of the Court
We recognize that, where deposit obligations such as those in the instant case have been
Since Section 710-120, General Code, was enacted solely for the benefit and protection of banks (see Union Properties, Inc., v. Cleveland Trust Co., 152 Ohio St., 430, 433, 89 N. E. [2d], 638, and Nichols v. Metropolitan Life Ins. Co., 137 Ohio St., 542, 544, 31 N. E. [2d], 224), that section is not helpful in determining the rights in the deposits of the obligees as between themselves.
Where there is no evidence as to the ownership of the money deposited in such accounts, there may be some justification for indulging the presumption that the depositors have an equal interest in the amounts of such deposits. However, in the instant case, it is conceded that the money deposited in these two accounts belonged to the wife before the deposits were made. If the husband is entitled to any part of the amounts of those deposits, some part of the money or of the obligation of the bank to pay back the amount of that money so deposited must have passed somehow from the wife to the husband. See annotations, 48 A. L. R., 189, 190; 66 A. L. R., 881, 882; 103 A. L. R., 1123; 135 A. L. R., 993; 149 A. L. R., 879.
The husband certainly can not claim that anything was transferred to him for a valuable consideration. Nothing in the record supports a conclusion that the husband incurred any detriment or that there was any
However, in Cleveland Trust Co. v. Scobie, Admr., 114 Ohio St., 241, 151 N. E., 373, 48 A. L. R., 182, this court held that, where one with his own money opened a bank account payable either (a) to such one or (b) to another or (c) to the survivor, such other could, on the death of the one opening the account, be entitled Lo the whole of the account. The reason given for that decision was that the one opening the account acquired, in consideration of payment of the money de
It may be observed that the obligation to pay the survivor would in such a ease be inconsistent with any obligation to pay the one of the two alternative obligees who had died or to pay the executor or administrator of such one. Therefore, the contract involved in the Scobie case could, on the death of one of the two alternative obligees, be only a contract to pay the surviving obligee. Without disregarding the words of the contract, it could not possibly be construed as a contract to pay either the surviving obligee or the personal representative of the deceased obligee. In the instant case, there was no express promise to pay the surviving obligee. There was, therefore, nothing which would be inconsistent with a continuing obligation to pay either (a) the personal representative of the deceased wife or (b) the surviving husband. The contractual right of the wife to payment, even if an alternative right, would represent a chose in action which could pass to her personal representative, i. e., her administrator. Unlike in the Scobie case and similar cases, there were no contractual provisions which would necessarily require a conclusion that her right had been extinguished by her death.
The cases of Oleff, Admr., v. Hodapp, Gdn., 129 Ohio St., 432, 195 N. E., 838, 98 A. L. R., 764, Sage, Exr., v. Flueck, 132 Ohio St., 377, 7 N. E. (2d), 802, Berberick v. Courtade, 137 Ohio St., 297, 28 N. E. (2d), 636, and Rhorbacker, Exr., v. Citizens Bldg. Assn. Co., 138 Ohio St., 273, 34 N. E. (2d), 751, 135 A. L. R., 988, like the Scobie case, each involved the rights of a surviving obligee in an account payable to such obligee or another or the survivor. Likewise, in In re Estate of Fulk, 136 Ohio St., 233, 24 N. E. (2d), 1020, such rights were involved in an account which this court held was, on the evidence in that case, an account payable to one or another or the survivor. There is no evidence or
Our conclusion is that the husband acquired no property rights in these accounts. It follows that the judgment of the Court of Appeals must be reversed and final judgment must be rendered for the plaintiff.
Judgment reversed and final judgment for plaintiff.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.