Hancock v. Stockmens Bank & Trust Co.
Decision Date | 09 July 1987 |
Docket Number | No. 87-3,87-3 |
Citation | 739 P.2d 760 |
Parties | Rick D. HANCOCK, Appellant (Defendant), v. STOCKMENS BANK & TRUST COMPANY, Appellee (Plaintiff). |
Court | Wyoming Supreme Court |
Robert J. O'Neil, Gillette, for appellant (defendant).
James P. Schermetzler, Gillette, for appellee (plaintiff).
Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.
The question posed in this case is whether a judgment debtor who claims an exemption from execution with respect to funds in a joint bank account must assume the burden of establishing entitlement to the exemption. Confronted with a claim that funds in a joint bank account were exempt from execution under § 1-17-411, W.S.1977, Cum.Supp.1986, 1 the district court ruled that only a small portion of the funds were exempt from execution. Rick D. Hancock urges that the evidence is insufficient to support the trial court's conclusion that the funds were not exempt. We hold that the burden of proof was on Hancock, the party claiming the exemption, to establish the nature of the funds, and we affirm the judgment of the trial court because Hancock failed to establish the exempt nature of the funds.
In the Brief of Appellant, the "Statement of the Issues" is as follows:
In the Brief of Appellee, the "Statement of the Issues" is expanded and restated in this way:
Rick D. Hancock signed two promissory notes at the Stockmens Bank and Trust Company. Later the bank obtained a default judgment on both notes for a total amount of $12,430.77, plus interest of $998.77 as of September 30, 1986, and costs in the amount of $28.25. The bank then proceeded to execute upon a joint bank account which Hancock owned with his wife and which had a balance of $6,319.47 at the time the execution was levied. Hancock asserted that a portion of the funds was exempt from execution pursuant to § 1-17-411, W.S.1977, Cum.Supp.1986. After a hearing on this question, the trial court ordered that, of the funds in the account, $5,854.31 be paid to the Stockmens Bank & Trust Company and that $465.16 be returned to Hancock. Hancock appeals from that ruling, arguing in essence that there is not sufficient evidence to support the finding of the trial court that only $689.18 was the separate property of Hancock's wife, and the further finding that $5,500.00 which was received as a gift and payment for a vehicle was on deposit in the joint bank account. The bank did not prosecute a cross-appeal.
The majority rule is that the burden of proving what funds in a bank account, held jointly by the judgment debtor and another depositor, are not subject to execution is on the depositors. Yakima Adjustment Service, Inc. v. Durand, 28 Wash.App. 180, 622 P.2d 408, 411 (1981). See also Hayden v. Gardner, 238 Ark. 351, 381 S.W.2d 752 (1964); Leaf v. McGowan, 13 Ill.App.2d 58, 141 N.E.2d 67 (1957); Miller v. Clayco State Bank, 10 Kan.App.2d 659, 708 P.2d 997 (1985); Purma v. Stark, 224 Kan. 642, 585 P.2d 991 (1978); Walnut Valley State Bank v. Stovall, 223 Kan. 459, 574 P.2d 1382 (1978); Baker v. Baker, Okl.App., 710 P.2d 129 (1985); Annot., Joint Bank Account as Subject to Attachment, Garnishment, or Execution by Creditor of One of the Joint Depositors, 11 A.L.R.3d 1465 (1967). This rule is in harmony with the ." Selma, Rome and Dalton Railroad Company v. United States, 139 U.S. 560, 567-568, 11 S.Ct. 638, 640, 35 L.Ed. 266 (1891). See also United States v. New York, New Haven and Hartford Railroad Company, 355 U.S. 253, 78 S.Ct. 212, 2 L.Ed.2d 247 (1957); United States v. Denver and Rio Grande Railroad Company, 191 U.S. 84, 24 S.Ct. 33, 48 L.Ed. 106 (1903); Lake v. Callis, 202 Md. 581, 97 A.2d 316 (1953); Skeen v. Stanley Company of America, 362 Pa. 174, 66 A.2d 774 (1949); IX Wigmore on Evidence, § 2486 at 290 (1983).
The majority rule is consistent with a common sense approach, and "is the fair and reasonable rule because the depositors are in a much better position than the judgment creditor to know the pertinent facts." Hayden v. Gardner, supra, 381 S.W.2d at 754. This rule also conforms to the principle that is well established in Wyoming jurisprudence that the burden of proof is on the party who asserts the affirmative of any issue. Osborn v. Manning, Wyo., 685 P.2d 1121, 1124 (1984); Morrison v. Reilly, Wyo., 511 P.2d 970, 972 (1973). See also Younglove v. Graham and Hill, Wyo., 526 P.2d 689, 693 (1974) (affirmative defense); Hawkeye-Security Insurance Company v. Apodaca, Wyo., 524 P.2d 874, 879 (1974) ( ); Gonzales v. Personal Collection Service, Wyo., 494 P.2d 201, 207 (1972) (affirmative defense); First National Bank at Cody v. Fay, 80 Wyo. 245, 257, 341 P.2d 79 (1959) (entitlement to reimbursement); Takahashi v. Pepper Tank and Contracting Company, 58 Wyo. 330, 362, 131 P.2d 339 (1942) ( ); First National Bank of Morrill v. Ford, 30 Wyo. 110, 216 P. 691, 692, 31 A.L.R. 1441 (1923).
The manifest intention of § 1-17-405(c), W.S.1977, Cum.Supp.1986, 2 in accordance with which Hancock pursued the claimed exemption, is that the debtor should assert his right to the exemption. The statutory exemptions...
To continue reading
Request your trial-
Morgan Stanley & Co. v. Andrews
...; Washington, see Madison v. Gen. Acceptance Corp., 26 Wash.App. 387, 612 P.2d 826 (1980) ; and Wyoming, see Hancock v. Stockmens Bank & Trust Co., 739 P.2d 760 (Wyo.1987).8 In Fleet Bank Connecticut, N.A. v. Carillo, 240 Conn. 343, 691 A.2d 1068 (1997), the Supreme Court of Connecticut hel......
-
In re Walsh
...in every condition of life. In re Winters, ¶¶ 12-13. [¶ 17] Furthermore, as pointed out in footnote 1 of Hancock v. Stockmens Bank & Trust Co., 739 P.2d 760, 760 (Wyo.1987), Wyo. Stat. Ann. § 1-17-411 (Michie Cum. Supp.1986) provided the applicable language concerning garnishment exemption ......
-
Savig v. First Nat. Bank of Omaha, A09-1221.
...the ownership of the funds rests upon the joint depositors. This holding coincides with the majority rule."); Hancock v. Stockmens Bank & Trust Co., 739 P.2d 760, 761-62 (Wyo.1987) ("The majority rule is that the burden of proving what funds in a bank account, held jointly by the judgment d......
-
Lingle State Bank of Lingle v. Podolak
...The party claiming an exemption has the burden of proving that he meets the requirements of the exemption. Hancock v. Stockmens Bank & Trust Company, Wyo., 739 P.2d 760 (1987); 35 C.J.S., Exemptions § 4b (1960). Even with liberal construction of the statute and deference to the findings of ......