Greenfield v. Clarence Sav. Bank of Clarence
| Decision Date | 01 May 1928 |
| Docket Number | No. 20182.,20182. |
| Parties | GREENFIELD v. CLARENCE SAV. BANK OF CLARENCE et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Shelby County; V. L. Drain, Judge.
"Not to be officially published."
Suit by George W. Greenfield against Clarence Savings Bank of Clarence, Mo., and others. Judgment for plaintiff, and defendants appeal. Affirmed.
Waldo Edwards, of Macon, for appellants.
H. A. Wright, of Clarence, and Shelton & Shelton, of Macon, for respondent.
This is a suit brought by plaintiff below in the circuit court of Shelby county, against defendant as commissioner of finance of the state of Missouri, in charge of the Clarence Savings Bank of Clarence, Mo., which failed, and is now in the process of liquidation. The purpose of the action is to have certain funds in the hands of the commissioner in charge of the assets of the bank declared to be entitled to a preference over the claims of the general creditors. The claim had been rejected by the finance commissioner, but, on a trial in the circuit court, plaintiff had judgment for $2,000 against the bank, with directions that same be classified as a preferential claim against the assets of the bank. The commissioner in due course brings this appeal.
The record discloses that, upon stipulation, the case was tried by the court without the intervention of a jury. No instructions were asked, given, or refused. In this situation, no question is open for review here, except errors apparent on the face of the record proper, and the question whether under the issues plaintiff made out a prima facie case. Rausch v. Michel, 192 Mo. 293, loc. cit. 302, 91 S. W. 99; Jordan v. Davis, 172 Mo. 599, loc. cit. 608, 72 S. W. 686, and cases cited.
Our reading of the record discloses that there is abundant substantial testimony to sustain the finding of the trial court.
There is testimony tending to show that George W. Greenfield, plaintiff below, lived at Leonard, Mo., and was desirous of investing $2,000 in bonds. With this object in view, he went to the Clarence Savings Bank at Clarence, Mo., and had a conference with M. H. Lewis, president of the bank, who accepted Greenfield's check for $2,000, with the understanding that it was for the purchase of bonds. Greenfield was not a depositor of the Clarence Savings Bank, and gave his check for $2,000 upon another bank. He was given a receipt at the time which reads as follows:
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