171 S.W. 475 (Ark. 1914), 13, Johnson v. Johnson
| Docket Number | 13 |
| Citation | 115 Ark. 416,171 S.W. 475 |
| Date | 30 November 1914 |
| Parties | JOHNSON v. JOHNSON |
| Court | Arkansas Supreme Court |
Page 475
Page 476
Appeal from Craighead Chancery Court, Western District; Charles D. Frierson, Chancellor; affirmed.
STATEMENT BY THE COURT.
On the 18th of August, 1913, the appellee instituted an action in the Craighead Circuit Court, for the Jonesboro District, against the Young Men's Building & Loan Association, and alleged that in the year 1902, the Young Men's Building & Loan Association issued to C. N. Carson forty shares of stock; that after he had made several payments in monthly dues, he assigned the shares of stock to Johnson Brothers, and about the year 1908, Johnson Brothers assigned and transferred the shares of stock to the appellee; that the stock matured on the 1st day of July, 1912, and that the building and loan association was indebted to her in the sum of $ 1,000, with interest thereon.
The association answered, admitting the maturity of the stock, and that the same had been transferred to the appellee; but alleged that Lee Johnson (appellant) claimed some interest in the matter, and asked that he be made a party. The court ordered Lee Johnson to be made a party, and also ordered the association to deposit the funds in court.
Lee Johnson answered, denying that Minnie Johnson was the owner of the stock, and alleging that he was the owner. He denied that the stock had been transferred to the appellee, and alleged that she was his wedded wife, and prayed that the case be transferred to equity, which was granted without objection.
The cause was, by consent, heard in vacation. The appellee testified that in February, 1908, she bought the stock, paying $ 400 for the same; that she drew a check for that amount upon the Bank of Jonesboro, and that her husband, the appellant, delivered the same to D. B. Johnson, his brother. She attaches a copy of the check in favor of D. B. Johnson in the sum of $ 400 drawn on the Bank of Jonesboro. The appellant acted as her agent in purchasing the stock, stating that the stock was a good investment. She inherited a small amount from her grandfather which, when added to the amount saved by her from her allowance given her by her husband for pin money, made the $ 400 which she paid for the stock. Her husband matured the stock after the purchase for her with the understanding that it was hers, and with the suggestion that if she bought the stock he would mature the same for her. It was understood between them at the time of the purchase that appellant would mature the same as a gift to her. The investment was made for her, with her money, and to be used as she wished at maturity of the stock. It was understood at the time that her husband would pay the dues if she used her money in buying the stock. The money representing the matured value of the stock was to be hers, and not shared by him nor used by them jointly. She stated that she gave her husband at one time a check for $ 100, and attached the check in favor of R. L. Johnson for that amount, on the American Trust Company, dated November 2, 1910, which, by the indorsement thereon, shows that it was paid, and the money had never been repaid to her. The money with which she purchased the building and loan stock was her money. It was put in the Bank of Jonesboro by Lee Johnson for her. He knew at the time that the money was hers. He attended to her banking business for her. She used the American Trust Company in drawing out the money she had in it. Probably a portion of the money she had inherited from her grandfather was used in the purchase of the stock.
She attached as an exhibit to her deposition an account with the American Trust Company, of Jonesboro, Ark., showing a total deposit and interest from September 5, 1908, until March, 1911, of $ 341.61, and checks drawn in favor of various parties from May 15, 1909, to February 24, 1911, covering the full amount of her deposits. Among these checks was one in favor of R. L. Johnson for $ 100.
She also made an account with the Bank of Jonesboro, showing total deposits from December 12, 1904, to January 2, 1908, of $ 860, and exhibited checks, drawn from June 6, 1905, until March 30, 1909, for $ 860, and among these was a check payable to the order of D. B. Johnson, dated February 18, 1908, for $ 400. Among these cancelled checks were three in favor of Lee Johnson, aggregating $ 140.
A witness on behalf of appellant testified that during the years 1907, 1908 and 1909, he had remitted to appellee for money representing her interest in the estate of John Bailey $ 411.02. The remittances were: June 6, 1907, $ 165; September 1, 1908, $ 183.33, and November 29, 1909, $ 62.69.
The appellant testified that he purchased the stock in controversy from the firm of Johnson Brothers, composed of appellant and D. B. Johnson. Appellant paid D. B. Johnson $ 400 for the stock, and D. B. Johnson...
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