Liquidation of Central Bank & Trust Co. v. Ritchie
Liquidation of Central Bank & Trust Co. v. Ritchie
Opinion of the Court
—John H. Beeser sold to Miss Susie Nordurfth a hotel property in Yakima, Washington, for which she paid part cash and for the balance she gave her -promissory note in the sum of $2,000, due February 1, 1921. Afterwards she sold the property to one Maples, apparently receiving the full value of the property; and to protect him against the outstanding note due Beeser, she deposited certain securities in
On January 27, 1921, the bank became insolvent and pássed into the hands of the supervisor of banking of the state, who has since been administering its affairs. A claim in the sum of $2,000 was presented to the supervisor of banking for his allowance of it as a preferred claim, which was refused by that officer. The cash assets of the bank were never below $2,000 since the deposit was made, and when the supervisor of banking took charge of the bank twenty days later, it at that time, though insolvent, had on hand, and at all
Whatever form the transaction took, it appears to be plain to have been the intention of all the parties that this became a special deposit. That such was the intention is shown by both the written and oral proof. Ritchie testified that was Ms purpose in making the $1,800 additional deposit, and while, as contended by the respondent, there is some uncertainty in the proof whether the bank was made aware of that intention before or at the exact instant the deposit was made, it nevertheless is clearly shown that, at that same time, that is, the same visit to the bank, it was made known what the money was for, and to carry out that purpose the advice of the bank was followed. If it be admitted that in making the deposit by Ritchie there arose at once the relation of debtor and creditor between the bank and him, that relation became almost instantly changed by the consent of the parties, including that of the bank. This is not the ordinary case of a certified check drawn in favor of a tMrd person, the legal effect of which would be a statement that the drawer had sufficient funds to meet it in the bank applicable to its payment and an agreement on behalf of the bank that those funds should be retained and paid upon the check when it was presented. On the contrary, it is a case wherein the check was drawn payable to the bank that held the funds. Immediately, according to the testimony of the cashier, Ritchie’s account was charged with the $2,000. Upon the authority of the owner, as the cashier testified, the $2,000 was withdrawn from Ritchie’s account and then accepted to be held for the purpose of taMng up the note of Miss
Reversed and remanded with directions to the superior court to enter judgment establishing the claim as a preferred one in the sum of $2,000.
Parker, C. J., Fullerton, Tolman, and Bridges, JJ., concur.
Reference
- Full Case Name
- In the Matter of the Liquidation of the Central Bank & Trust Company v. Edward Ritchie
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Banks and Banking (26)—Deposits—Special Deposits—Liability. A deposit in a hank is a special one, where it was made for the purpose of applying on the payment of an outstanding note when it should be presented, and it was so noted in writing at the time by the bank, and the amount withdrawn from the depositor’s account and held for the holder of the note, whose whereabouts was unknown.