Guggenheimer v. Queen Bee Flour Mills Co.
Guggenheimer v. Queen Bee Flour Mills Co.
Opinion of the Court
delivered the opinion of the Court.
On the 1st of March, 1915, the Queen Bee Flour Mills Company drew its draft in Minneapolis, Minn., on F. M. Daniel, at Chattanooga, Tenn., in favor of the Security National Bank of Minneapolis, for $1,591.74. This draft, with bill of lading attached .covering a carload of flour, was deposited by an agent of the United Flour Mills Company in the aforesaid Security National Bank to the credit of the said United Flour Mills Company. The draft, with its bill of lading attached, was then forwarded to the Hamilton National Bank, at Chattanooga, Tenn., for collection. On the 11th of March, 1915, the complainant, Guggenheimer, by his original bill of attachment, filed in the chancery court of Hamilton county, caused to be attached the proceeds of this draft in the hands of the Hamilton National Bank, as the property of the Queen Bee Flour Mills Company, to secure the payment of a debt claimed by him in excess of $1,300. The Queen Bee Flour Mills Company filed its plea in abatement denying ownership of the draft. The aforesaid Security National Bank of Minneapolis filed its intervening petition claiming that it owned the draft, 'and hence its proceeds. ■ An answer was filed to this petition by the complainant
We are of the opinion that the chancellor reached the correct conclusion. The evidence shows that, while the sale to Daniel was made in the name of the Queen Bee Flour Mills Company, the latter was the regalar selling agent of the United Elonr Mills Company, and the draft was deposited to the credit of the latter in the bank before it was sent forward for collection. This deposit was made in the regular course of business between the Queen Bee Flour Mills Company and the United Flour Mills Company, averaging one hundred and fifty similar drafts during each month. The custom of business between the two concerns was the sales were made in the name of the Queen Bee Flour Mills Company, the drafts deposited in the Security National Bank to the credit of the United Flour Mills Company, and a credit entered by the latter on its books in favor of the Queen Bee Flour Mills- Company. It is not shown in the evidence the amount of the charge entered upon the books of the United Flour Mills Company against the Queen Bee Flour Mills Company when flour was turned over to the latter; but, inasmuch as it does appear that the Queen Bee Flour Mills Company was simply the selling agent of the United
We need not, therefore, consider the status where a collecting hank sends drafts to it$ correspondent, and the funds are seized by a creditor of the depositing customer before they reach the aforesaid collecting hank while in the hands of its correspondent. The law upon this latter phase of the • case is well settled. Implement Co. v. Bank, supra; Commercial National Bank v. Armstrong, 148 U. S., 50, 13 Sup. Ct., 533, 37 L. Ed., 363; Manufacturers’ Bank v. Continental Bank, 148 Mass., 555, 20 N. E., 193, 2 L. R. A., 699, 12 Am. St. Rep., 598; Freeman’s Bank v. National Tube Works Co., 151 Mass., 413, 24 N. E., 779, 8 L. R. A., 42, 21 Am. St. Rep., 461; Armstrong v. Boyertown National Bank, 90 Ky., 431, 14 S. W., 411, 9 L. R. A., 553.
The result is that the decree of the chancellor must he affirmed.
Reference
- Full Case Name
- S. F. Guggenheimer v. Queen Bee Flour Mills Co.
- Status
- Published