Adams County v. Ritzville State Bank, 21711.

CourtUnited States State Supreme Court of Washington
Writing for the CourtMITCHELL, C.J.
Citation154 Wash. 140,281 P. 332
PartiesADAMS COUNTY v. RITZVILLE STATE BANK.
Decision Date14 October 1929
Docket Number21711.

281 P. 332

154 Wash. 140

ADAMS COUNTY
v.
RITZVILLE STATE BANK.

No. 21711.

Supreme Court of Washington

October 14, 1929


Department 2.

Appeal from Superior Court, Adams County; John Truax, Judge.

Three separate suits by Adams County against the Ritzville State Bank of Ritzville, consolidated for trial. Judgment for plaintiff, and defendant appeals. Affirmed.

Miller & Freese, of Ritzville, for appellant.

Richard B. Ott, of Ritzville, and G. E. Lovell, of Spokane, for respondent.

MITCHELL, C.J.

One Guy C. Sturman was employed by Adams county from August 1, 1924, to May 12, 1927, as engineer, who as such employed laborers and directed work on various roads of the county. He prepared payrolls for work done under his direction and presented them to the county commissioners for allowance. Within three years before the filing of the three suits ivolved, Sturman padded the pay rolls prepared by him by including therein the names of unknown persons, or the names of persons who had [154 Wash. 141] not performed any road work. Such pay rolls were approved and allowed by the county commissioners, upon which the county auditor drew warrants against the proper funds, requesting the county treasurer to pay each of such fictitious persons, naming him, the respective amount due him; that is, the county auditor issued nonnegotiable warrants. The county commissioners did not know that the payees were fictitious or had not worked on the roads. The warrants were delivered to Sturman, to be delivered by him to the payees, who were supposed to be working under him out in the county. He forged the names of the nominal payees on the back of the warrants, indorsed them with his own signature, and delivered them to the Ritzville State Bank of Ritzville. The bank, upon indorsing the warrants presented them to the county treasurer and received pay for them.

Upon learning of the fraud perpetrated by Sturman, and that the warrants had been issued without consideration, the county promptly brought three suits against the bank, to recover the amounts it had paid to the bank. One of the suits covered the amount paid on 18 warrants drawn on the general road and bridge fund, another one covered the amount paid on five warrants drawn on the permanent highway maintenance fund, and still another covered the amount paid on five warrants drawn on the road and bridge fund. The three suits were consolidated for trial, and in each one findings and conclusions were entered in favor of the county for the full amount sued for. The bank has appealed from judgment...

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8 practice notes
  • Carrillo v. City of Ocean Shores, No. 29735-3-II.
    • United States
    • Court of Appeals of Washington
    • July 13, 2004
    ...Henderson Homes, Inc. v. City of Bothell, 124 Wash.2d 240, 248, 877 P.2d 176 (1994) (quoting Adams County v. Ritzville State Bank, 154 Wash. 140, 144, 281 P. 332 (1929)). The statute of limitations for such claims is three years. RCW Absent highly unusual circumstances, we will not apply th......
  • Robinson v. City of Seattle
    • United States
    • United States State Supreme Court of Washington
    • June 18, 1992
    ...tax refunds “are actions arising out of implied liabilities to repay money unlawfully received ...” Adams Cy. v. Ritzville State Bank, 154 Wash. 140, 144, 281 P. 332 (1929).In the present case, the trial court properly applied the 3-year statute of limitations. The Supreme Court in Hillis [......
  • Common School Dist. No. 61 in Twin Falls County v. Twin Falls Bank & Trust Co., 5685
    • United States
    • United States State Supreme Court of Idaho
    • May 26, 1931
    ...school district's rights. ( Village of Ft. Edward v. Fish, 156 N.Y. 363, 50 N.E. 973, at p. 975; Adams County v. Ritzville State Bank, 154 Wash. 140, 281 P. 332.) This being true, there also could be no adoption and ratification of the forged order in question by any acts of the county offi......
  • Common School District No. 18 v. Twin Falls Bank and Trust Co., 5860
    • United States
    • United States State Supreme Court of Idaho
    • June 24, 1932
    ...County v. Farnum, 108 Cal. 567, 41 P. 447; Prewett v. First Nat. Bank, 45 Idaho 451, 262 P. 1057; Adams County v. Ritzville State Bank, 154 Wash. 140, 281 P. 332; City of Seattle v. Walker, 87 Wash. 609, 152 P. 330; City of Hillyard, etc., v. Carabin, 96 Wash. 366, 165 P. 381; People v. Wei......
  • Request a trial to view additional results
8 cases
  • Carrillo v. City of Ocean Shores, No. 29735-3-II.
    • United States
    • Court of Appeals of Washington
    • July 13, 2004
    ...Henderson Homes, Inc. v. City of Bothell, 124 Wash.2d 240, 248, 877 P.2d 176 (1994) (quoting Adams County v. Ritzville State Bank, 154 Wash. 140, 144, 281 P. 332 (1929)). The statute of limitations for such claims is three years. RCW Absent highly unusual circumstances, we will not apply th......
  • Robinson v. City of Seattle
    • United States
    • United States State Supreme Court of Washington
    • June 18, 1992
    ...tax refunds “are actions arising out of implied liabilities to repay money unlawfully received ...” Adams Cy. v. Ritzville State Bank, 154 Wash. 140, 144, 281 P. 332 (1929).In the present case, the trial court properly applied the 3-year statute of limitations. The Supreme Court in Hillis [......
  • Common School Dist. No. 61 in Twin Falls County v. Twin Falls Bank & Trust Co., 5685
    • United States
    • United States State Supreme Court of Idaho
    • May 26, 1931
    ...school district's rights. ( Village of Ft. Edward v. Fish, 156 N.Y. 363, 50 N.E. 973, at p. 975; Adams County v. Ritzville State Bank, 154 Wash. 140, 281 P. 332.) This being true, there also could be no adoption and ratification of the forged order in question by any acts of the county offi......
  • Common School District No. 18 v. Twin Falls Bank and Trust Co., 5860
    • United States
    • United States State Supreme Court of Idaho
    • June 24, 1932
    ...County v. Farnum, 108 Cal. 567, 41 P. 447; Prewett v. First Nat. Bank, 45 Idaho 451, 262 P. 1057; Adams County v. Ritzville State Bank, 154 Wash. 140, 281 P. 332; City of Seattle v. Walker, 87 Wash. 609, 152 P. 330; City of Hillyard, etc., v. Carabin, 96 Wash. 366, 165 P. 381; People v. Wei......
  • Request a trial to view additional results

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