Dillman v. Carlin

• Decision Date: 24 November 1899
• Citation: 105 Wis. 14,80 N.W. 932
• Parties: DILLMAN v. CARLIN.
• Court: Wisconsin Supreme Court

105 Wis. 14

80 N.W. 932

DILLMAN

v.CARLIN.

Supreme Court of Wisconsin.

Nov. 24, 1899.

Appeal from circuit court, Brown county; Samuel D. Hastings, Jr., Judge.

Action by Adam Dillman against P. H. Carlin, interpleaded. From an adverse judgment, plaintiff appeals. Affirmed.

This was a garnishee action. The princicipal defendant, Schmidt, having $150 to his credit in the savings department of the Citizens' National Bank of Green Bay, gave his check in due form to P. H. Carlin, the respondent, for the whole thereof, intending thereby to transfer such credit to him to pay for a horse and some other personal property. Several days after the check was received by Carlin, and before it was presented for payment, the bank was duly garnished by the appellant in this action. The bank credit was not subject to be drawn on by check, or otherwise than by the depositor, or his assignee, presenting the proper depositor's book. That condition was not known or understood by either Schmidt or Carlin when the transaction mentioned took place. It thereafter came to their knowledge, whereupon Schmidt delivered his depositor's book to Carlin. About eight days after Carlin received the check, and before he presented it for payment, the bank was garnished by appellant. Two days afterwards the check was presented for payment, but was not paid because of the pendency of the garnishee suit. The bank answered in such suit, admitting the indebtedness to Schmidt, alleging a willingness to pay the same to the person legally entitled thereto, and submitting the question as to the ownership of the fund to the court, asking, however, to be allowed to discharge itself from liability by paying the money into court. That request was granted and the money was so paid. Thereupon Carlin was interpleaded as a defendant and the controversy was tried directly between the two claimants for the money. The court found that Carlin was the bona fide owner and holder of the check for value; that he received it in the regular course of business and in good faith; that he became such owner and holder before the commencement of the garnishee suit; that the bank credit upon which the check was given was in the savings department of the bank and not subject to be drawn by check under the rules of the bank, except upon presentation of the depositor's book, which fact was not known to either Carlin or Schmidt when the check was given and received; that the check was given with intent to transfer the bank credit to Carlin, and that as soon as Schmidt learned that presentation of the depositor's book was requisite to secure payment of the money, he delivered it to Carlin. Upon such facts the court decided as a matter of law that the check holder was the...