Crocker-Anglo Nat. Bank v. American Trust Co.

• Decision Date: 11 May 1959
• Docket Number: No. 18135,CROCKER-ANGLO,18135
• Citation: 170 Cal.App.2d 289,338 P.2d 617
• Court: California Court of Appeals Court of Appeals
• Parties: NATIONAL BANK, a National Banking Association, Plaintiff, Cross-Defendant and Appellant, v. AMERICAN TRUST COMPANY, a California Banking Association, as Executor of the Estate of Alfred J. Guidotti, also known as A. J. Guidotti, Deceased, Defendant, Cross-Complaint and Respondent, Ann Guidotti, also known as Mrs. A. J. Guidotti, Defendant, Cross-Defendant, Plaintiff in Intervention and Appellant.

Page 617

338 P.2d 617

170 Cal.App.2d 289

CROCKER-ANGLO NATIONAL BANK, a National Banking Association, Plaintiff, Cross-Defendant and Appellant, v. AMERICAN TRUST COMPANY, a California Banking Association, as Executor of the Estate of Alfred J. Guidotti, also known as A. J. Guidotti, Deceased, Defendant, Cross-Complaint and Respondent Ann Guidotti, also known as Mrs. A. J. Guidotti, Defendant, Cross-Defendant, Plaintiff in Intervention and Appellant.

No. 18135.

District Court of Appeal, First District, Division 1, California.

May 11, 1959.

As Amended on Denial of Rehearing June 9, 1959.

Hearing Denied July 8, 1959.

Severson, Davis & Larson, Randell Larson, San Francisco, for appellant Crocker-Anglo Nat. Bank.

Mandl & Atteridge, Salinas, Brown, Smith & Taber, Oakland, for appellant Guidotti.

Paul I. Pioda, Raymond W. Shellooe, J. T. Harrington, Salinas, for respondent American Trust Co.

BRAY, Presiding Justice.

Two appeals--one by defendant Ann Guidotti and the other by plaintiff. The nature of these appeals is hereinafter set forth.

Questions Presented.

A. Defendant Ann Guidotti's appeal.

1. Was a joint tenancy created under section 852, Financial Code?

2. Are the findings of fact supported?

B. Plaintiff Crocker-Anglo's appeal.

Was it error to deny plaintiff's motion to deposit $39,304.99 in court and to allow interest on that sum? Record.

Plaintiff filed a complaint in interpleader against defendants American Trust Company, as Executor of the Estate of Alfred J. Guidotti, and Ann Guidotti, which stated that it had $39,304.99 on deposit which sum was claimed by both defendants. Plaintiff prayed that defendants be required to interplead and that upon deposit by plaintiff of said sum in court, plaintiff be discharged from any and all liability to any and all of the defendants in relation thereto. Defendant American Trust as executor filed an answer and cross-complaint against plaintiff and defendant Ann wherein it sought the sum of $43,005.78 (the amount which at the time of Alfred's death was in the bank accounts hereafter discussed, plus certain interest). Plaintiff filed answer to this cross-complaint and a cross-complaint against defendant Ann Guidotti praying that in the event plaintiff should be required to pay defendant American Trust the sum demanded by said defendant, defendant Ann be required to repay plaintiff such sum. The court found that the bank accounts in question were not joint tenancy accounts, belonged to defendant American Trust as executor, that defendant Ann had no right therein, and gave judgment in favor of defendant American Trust against plaintiff in the sum of $43,005.78 plus interest from September 27, 1956. It then gave judgment in favor of plaintiff and against defendant Ann in the sum of $4,922.82.

Facts.

The controversy is whether certain bank accounts in plaintiff's bank at Salinas (formerly Salinas National Bank) were held in the joint tenancy of Alfred J. Guidotti, now deceased, and his wife, defendant Ann Guidotti. Alfred and Ann were married October 21, 1950, and lived as husband and wife until Alfred's death. At the time of marriage Alfred had standing in his name in the Salinas National Bank two accounts, one savings, the other commercial. In October, 1953, Ann's signature was added below that of Alfred on the savings account signature card. The bank's assistant cashier testified that Alfred came into the bank and 'wanted to have his wife added to that card so that she could withdraw funds and so that it would be a joint account, and so that if something happened that the account would go in her name.' Ann then signed the car below Alfred's signature. The heading of the card 'A. J. Guidotti' was not changed. A few days after the official had given Alfred a signature card headed 'A. J. Guidotti or Mrs. A. J. Guidotti,' Alfred and Ann came to the bank and signed it where indicated by the assistant cashier. This was for the commercial account. Thereafter Ann wrote checks on the commercial account. To impeach the assistant cashier defendant bank introduced his deposition in which after stating that Alfred 'asked to have his checking account set up as a joint account with his wife' he was asked if Alfred said anything more. The witness answered 'No' but corrected the answer to read 'I don't remember at this time.' To the question 'Did he tell you the purpose for which he wanted that joint account set up' he answered 'No' but corrected the answer to read 'I can't recall right now.' The witness explained the difference in his testimony at the deposition and at the trial by saying that he was upset at the former and could not think clearly. At all times the bank's ledger sheets for both accounts were in Alfred's name solely. The assistant cashier testified that in determining the relationship between the bank and the depositor, the bank depended on the signature card and not on the ledger or other bookkeeping items. The reverse sides of the signature cards containing forms for the creation of joint tenancy accounts were not signed by either party. Two Salinas National employees testified that the practice of the bank was rarely to use the reverse side of the signature card, although instructions had been given by the bank that in the event a joint tenancy account was to be opened the reverse side of the signature card should be signed. Alfred had been the survivor of a joint account with his mother which had been set up similarly to the instant ones in that the joint tenancy portion of the signature card had not been signed. (There is a difference, however, in that the signature card of the mother's card contained the notation 'Two signatures required to withdraw funds.') Depositors in the Salinas bank were personally known to the officials and employees and accounts were opened, transferred or changed with informality. Mr. Corbin, an employee of the Salinas bank, testified that he overheard the conversation between the assistant cashier and Alfred. All that he could recall was that Alfred asked to have his wife's signature on his checking account 'For the purpose of writing checks.' Immediately thereafter Alfred asked the witness, 'Will my wife have any trouble getting the money if anything should happen to me?' The witness told him 'no,' that the only thing that would be necessary would be the consent of the county treasurer. He then stated that in 1953 if a customer desired to open a joint tenancy account he would have had the signature card signed only on the front, and that on many occasions he had opened joint tenancy accounts that way. In fact his own joint tenancy account was set up that way. However, he testified that the employees were instructed in cases of opening joint tenancy accounts to stamp the signature cards with a rubber stamp reading 'Joint Tenancy with Right of Survivorship.' He had not known of this until after he opened many accounts and could not say whether the instructions were given prior to 1953, although it should have been the practice in 1953. Even after the instructions were given he and other employees did not always follow the instructions.

Ann's son, Gene Collins, testified that in 1955 Alfred told him that his mother was well taken care of in the event of Alfred's death. '[W]e have our joint banking accounts * * * is hers already because she will have--in case something should happen to me * * *.' Ann testified that Alfred told her he had made arrangements with the bank to set up joint tenancy accounts 'for us,' 'that he thought it was best to set up a joint tenancy account in case that anything should ever happen to him that I would have money.' After she signed the signature card, he said 'That money is yours, in case anything ever happens to me, that money is yours.' In another hearing Ann stated that the first time the joint account was mentioned was when she told him she would need some money. He then said 'I see no reason why you should not write checks yourself because I have had a joint account made out.' She also testified that she did not know in 1953 or at all that Alfred had a savings account in the Salinas bank. In a deposition she said the first conversation on the subject was after she signed the signature card. On his returning home he told her that 'he had made out joint accounts--joint savings accounts * * *.'

Alfred died December 16, 1955. At that time there was $10,922.27 in the savings account and $32,083.51 in the commercial account--total, $43,005.78. In his will drawn in March, 1954, Alfred stated 'I am the owner of certain accounts which I have maintained in the Salinas National Bank * * *.' At that time as well as upon his death Alfred had at least two accounts in his name other than the two claimed to be joint tenancy accounts. (Unless otherwise designated all reference herein to accounts will mean the latter two accounts.) Three days after Alfred's death Ann and her attorney went to the bank and had the alleged joint tenancy accounts closed and the moneys transferred to Ann's individual account. On January 13, 1956, an officer of the American Trust Company, executor, inquired at the Salinas bank as to the status of accounts in Alfred's name. The assistant manager informed him that the accounts were joint tenancy accounts in Alfred's and Ann's name. The executor then listed them in the estate inventory as joint tenancy accounts. In September, 1956, defendant executor demanded of plaintiff Crocker-Anglo, which had succeeded to the ownership of Salinas National Bank, payment of the amounts which were in the accounts at Alfred's death, plus interest.

The court found that both accounts were the separate property of Alfred, and were not held in joint tenancy, that the pass books were at all times in decedent's possession, that Alfred did not inform Ann nor the bank at the time the cards were signed that he intended to transfer the funds in said accounts to a joint tenancy of himself and wife, or...