Hendley v. Globe Refinery Co.

• Decision Date: 07 March 1904
• Citation: 79 S.W. 1163,106 Mo. App. 20
• Court: Missouri Court of Appeals
• Parties: HENDLEY v. GLOBE REFINERY CO. et al.<SMALL><SUP>*</SUP></SMALL>

79 S.W. 1163

106 Mo. App. 20

HENDLEY v. GLOBE REFINERY CO. et al.^*

Kansas City Court of Appeals. Missouri.

March 7, 1904.

BANKS—DEPOSIT OF DRAFTS—RIGHTS OF BANK —STATEMENT OF PRESIDENT—OPINIONS—WITNESSES — CREDIBILITY — TRIAL — QUESTIONS FOR COURT—DIRECTED VERDICTS.

1. Statements of the president that a bank was the owner of a draft, and another contradictory statement by him that it took it for collection only, are not statements of fact, but merely expressions of opinion, and, as such, immaterial.

2. The statement of an immaterial matter does not affect the credibility of a witness.

3. Where the facts are undisputed, there is no question for the jury, but merely one of law for the court.

4. A bank may rely on the solvency of the drawer of a draft deposited on his account with it, and may charge the same back to the drawer if not paid by the drawee.

5. Where there is no substantial evidence to overcome a prima facie case, it is the duty of the court to direct a verdict in accordance with the case made.

Appeal from Circuit Court, Jackson County; J. H. Slover, Judge.

Action by R. G. Hendley against the Globe Refinery Company, defendant, and the American National Bank of Louisville, Kentucky, interpleader. There was judgment for the interpleader, and plaintiff appeals. Affirmed.

Karnes, New & Krauthoff, for appellant. Thos. T. Crittenden and Elijah Robinson, for respondent.

BROADDUS, J.

On the 15th day of April, 1902, the Globe Refinery Company delivered to a railroad company at Louisville, Ky., to be shipped to Kansas City, two cars of oil, and received from said railroad company a shipper's order bill of lading therefor, whereby the said railroad company acknowledged the receipt of said oil, and agreed to transport the same to Kansas City, and there deliver the same to the order of said Globe Refinery Company, and to notify Peet Bros. Manufacturing Company. Said refinery company had contracted with said manufacturing company to sell it said oil, and on said April 15, 1902, said refinery company drew a draft on said Peet Bros. Manufacturing Company, payable to its own order, for the purchase price of said oil, and thereupon indorsed said draft, "For deposit. Pay to the order of the American National Bank, Louisville, Ky. Globe Refinery Company, by H. F. Donigan, President," and deposited the same, with said bill of lading, indorsed in blank, thereto attached, in the said American National Bank, the above-named respondent. Upon said draft and bill of lading being deposited as aforesaid, the said American National Bank gave said Globe Refinery Company credit for the amount thereof, $4,254, in its account in said bank, and the same thereupon became subject to the checks of said Globe Refinery Company, and in point of fact the whole amount of said deposit was, during the same day, and in the usual course of business, checked out of said bank by said Globe Refinery Company. On the same day said draft was indorsed, "Pay any bank or banker or order. American National Bank, Louisville, Ky., Charles Warren, Cashier, April 15th, 1902," and sent to the Ft. Dearborn National Bank of Chicago for collection, and upon receipt of the same said Chicago bank sent said draft to the Stock Yards Bank of Commerce of Kansas City for collection. The American National Bank, at the time it sent said draft to the Chicago bank, charged the amount thereof to said Chicago bank, and upon receipt of said draft said Chicago bank credited the amount thereof to said American National Bank. Shortly after said draft and bill of lading were received by said Stock Yards Bank of Commerce, the plaintiff instituted this suit, and caused notice of garnishment to be served on said bank, intending thereby to attach said draft and bill of lading as the property of said Globe Refinery Company. Thereupon, to avoid trouble, expense, and inconvenience, it was agreed by the parties concerned that said Stock Yards Bank of Commerce might deliver said bill of lading to said Peet Bros. Manufacturing Company, and collect from said company the amount of said draft, and that said Stock Yards Bank of Commerce should hold the proceeds of said draft a sufficient length of time to give the said plaintiff an opportunity to serve upon it another notice of garnishment, which the said plaintiff did, causing the sheriff to notify said Stock Yards Bank of Commerce that he attached in its hands the proceeds of said draft as the property of the said Globe Refinery Company, the above-named defendant. On the second day of the then ensuing term of the circuit court the said American National Bank filed its interplea in said cause,...