Baker v. First Nat. Bank of Caldwell

• Decision Date: 03 March 1914
• Citation: 25 Idaho 651,139 P. 565
• Parties: J. L. BAKER, Respondent, v. FIRST NATIONAL BANK OF CALDWELL, IDAHO, Appellant
• Court: Idaho Supreme Court

139 P. 565

25 Idaho 651

J. L. BAKER, Respondent, v. FIRST NATIONAL BANK OF CALDWELL, IDAHO, Appellant

Supreme Court of Idaho

March 3, 1914

TRANSFER OF BANK ACCOUNTS-CONFLICTING EVIDENCE-ACCOUNT STATED.

1. Held, that there is not sufficient evidence adduced in the record of this case with reference to monthly statements of respondent's bank account, alleged to have been rendered to him by appellant bank, to bind respondent on the theory of an account stated.

2. Held, that although the evidence in this case was conflicting, there was sufficient evidence before the jury to sustain a verdict in favor of plaintiff, and in accordance with the established rule of this court in such cases the judgment of the lower court will not be disturbed.

APPEAL from the District Court of the Seventh Judicial District for the County of Canyon. Hon. Ed. L. Bryan, Judge.

Action to recover money claimed to be due as balance of a bank deposit. Judgment for plaintiff and defendant appealed. Affirmed.

Judgment affirmed, with costs in favor of respondent.

Scatterday & Van Duyn and Griffiths & Griffiths, for Appellant.

The defendant bank, under the law, was obliged to accept and act upon the oral orders of Van R. Squire, in the handling of the Squire & Baker account. (Hanan v. Sanford (Or.), 137 P. 772.)

The bank had a lien on all the funds in the Squire & Baker account up to March 17, 1909, when the indebtedness of that account was finally paid. And after that time the bank had a lien on the portion of the proceeds belonging to each of the individuals owning that account to the extent of their indebtedness to the bank. (Willey v. Crocker-Woolworth Nat. Bank, 141 Cal. 508, 75 P. 106; Reynes v Dumont, 130 U.S. 354, 9 S.Ct. 486, 32 L.Ed. 934; Clark v. Northampton Nat. Bank, 160 Mass. 26, 35 N.E. 108; Buffalo Co. Nat. Bank v. Hanson, 34 Neb 455, 51 N.W. 1035; Straus v. Tradesmen's Nat Bank, 122 N.Y. 379, 25 N.E. 372; Backhouse v. Charlton, L. R. 8 Ch. Div. 444.)

Jackson & Walters, for Respondent, cite no authorities on points decided.

AILSHIE, C. J. Sullivan and Stewart, JJ., concur.

OPINION

AILSHIE, C. J.

This action was instituted by the plaintiff against the defendant bank to recover the sum of $ 3,633.33, claimed as a balance due on an account that was opened with the bank in the summer of 1908 in the name of Squire & Baker. The account was opened in the first place by an overdraft of $ 12,340, the check was signed by Squire & Baker, and the money was used in the purchase of cattle. The cattle were subsequently sold from time to time and the receipts from the sale were turned over to the bank in reduction and payment of this overdraft. In May, 1909, the deposits from sales of cattle had paid off the overdraft and left a balance to the credit of Squire & Baker in the sum of $ 2,004.50. The bank divided this sum into three parts, and paid one-third thereof to the plaintiff and placed the other two-thirds to the credit of Squire. The plaintiff himself, according to his testimony, made demand from time to time for the payment of the other two-thirds which had been placed to the credit of Squire. Subsequent to the purchase of the cattle, Squire transferred all his interest in the business to his partner Baker and never claimed any further interest in the deposit or the business.

The controversy that has arisen between Baker, who is respondent here, and the sole remaining member of the firm, and the bank which is appellant in this case, grows out of the...