Greggers v. Gleason

• Decision Date: 07 November 1927
• Docket Number: No. 15766.,15766.
• Citation: 299 S.W. 633
• Parties: GREGGERS v. GLEASON et el.
• Court: Missouri Court of Appeals

299 S.W. 633

GREGGERS v. GLEASON et el.

No. 15766.

Kansas City Court of Appeals, Missouri.

November 7, 1927.

Appeal from Circuit Court, Grundy County; L. B. Woods, Judge.

"Not to be officially reported."

Action by Mary Greggers against Charles L. Gleason and another, in which Clyde Gleason filed an interplea claiming attached property. Judgment for defendants, and for the interpleader. From a judgment granting a new trial, defendants appeal. Affirmed.

Scott J. Miller and Roger Miller, both of Chillicothe, for appellants.

A. G. Knight, of Trenton, and Lorenzo Jones, of Unionville, for respondent.

BLAND, J.

This is a suit in five counts, each covering a promissory note executed by the defendants. The first count is upon a note in the sum of $110, dated February 23, 1923, payable to the order of Wentworth Mercantile Company, a trading partnership, on January 1, 1924, bearing 8 per cent. interest from date and having the following indorsement:

"For value received, the within note is hereby assigned to Mary Greggers, waiving demand, protest and notice of nonpayment. Wentworth Mere. Co."

The second count covers a note in the sum of $200, dated May 8, 1924, payable to the Farmers' Bank of Unionville on November 12, 1924, bearing interest at the rate of 7 per cent. from May 17, 1924, and having the following indorsement: "Assigned to Mary Greggers, A. L. Cassady, Cashier." The third count is upon a note in the sum of $400, dated July 26, 1924, payable to the Farmers' Bank of Unionville on January 28, 1925, bearing 8 per cent. interest per annum from date, and having upon its back the following indorsement: "Assigned to Mary Greggers, A. L. Cassady, Cashier." The fourth count is upon a note in the sum of $802.74, dated November 5, 1924, payable to the Citizens' Bank of Unionville six months after date, bearing 8 per cent. per annum from date, and bearing the following indorsement: "Assigned to Mary Greggers, Citizens' Bank, by S. Hayward, Cashier." The fifth count is upon a note in the sum of $1,121.15, dated November 5, 1924, payable to the Citizens' Bank of Unionville six months after date, bearing interest at the rate of 8 per cent, per annum from date, and with the following indorsement: "Assigned to Mary Greggers, Citizens' Bank, by S. Hayward, Cashier."

The suit was brought by attachment. Defendants filed a plea in abatement and an answer to the merits, consisting of a general denial. One Clyde Gleason, defendants' son, filed an interplea claiming the attached property. The court rendered judgment for defendants upon their plea in abatement and for the interpleader, Clyde Gleason, and sustained defendants' demurrer to plaintiff's evidence on the merits. Plaintiff filed a motion for a new trial, alleging error in the action of the court in reference to defendants' demurrer to the evidence, which motion was by the court sustained. Defendants have appealed.

The notes in counts 2, 3, 4, and 5, executed to the two banks, were assigned to plaintiff for collection by the cashiers of the respective banks with the consent of a majority of the board of directors of the bank in each instance, but no record was kept in writing of the action of the board conferring such authority upon the cashiers, and it is defendants' contention that the assignments were void as not being in pursuance of section 11762, R. S. 1919, providing:

"The cashier or any other officer or employ shall have no power to indorse, pledge or hypothecate any notes, bonds or other obligations received by said corporation for money loaned until such power and authority shall have been given such cashier or other officer or employé by the board of directors, a written record of which proceeding shall first have been made. * * * And all acts of indorsing, pledging and hypothecating done by said cashier, or other officer or employé of said bank, without the authority from the board of directors, shall be...