Peoples State Bank of Belleville v. Allstaedt, 39.

• Decision Date: 18 May 1942
• Docket Number: No. 39.,39.
• Citation: 301 Mich. 662,4 N.W.2d 48
• Parties: PEOPLES STATE BANK OF BELLEVILLE v. ALLSTAEDT et al.
• Court: Michigan Supreme Court

301 Mich. 662

4 N.W.2d 48

PEOPLES STATE BANK OF BELLEVILLE

v.ALLSTAEDT et al.

No. 39.

Supreme Court of Michigan.

May 18, 1942.

Interpleader by Peoples State Bank of Belleville, a Michigan banking corporation, against Christopher Allstaedt and others to determine ownership of a savings account. From a decree that deceased depositor's administrator was entitled to the fund, named defendant appeals, opposed by plaintiff and Harold DuPois, administrator of the estate of Fred William Stendel, deceased.

Affirmed.

Appeal from Circuit Court, Wayne County, in Chancery; George B. Murphy, Judge.

Before the Entire Bench.

Edward A. Smith, of Detroit, for appellant Christopher Allstaedt.

Floyd M. Phinney, of Trenton (Hollis Harshman, of Detroit, of counsel), for appellee.

WIEST, Justice.

This is a bill of interpleader. In April, 1935, Frederick William Stendel, in his own name, opened a savings account in plaintiff bank and at the time of his death in February, 1939, the savings account of deposits made by him amounted to $2,962.15. The defendants each claimed the deposits,and plaintiff, after filing the bill, paid the money into court. The issues were referred to a circuit court commissioner, with direction to take the testimony and make report. The commissioner filed a report, finding the administrator of the estate of Mr. Stendel was entitled to the fund. Exceptions were filed to the report, and the court entered decree in accord with the findings of the commissioner. Defendant Christopher Allstaedt reviews by appeal. Defendant Charles E. Allstaedt has not appealed and his claim need not be considered.

A few days before his death Mr. Stendel wrote the following letter:

‘Jan 30 1939

‘Hener (meaning Henry Deering, assistant cashier of plaintiff bank) please tak Charley nane of the bank book and put the name one that the one i am sending and oblige.

‘F. W. Sendel.

he is my sunelaw i am making my home with now.'

Reverse side:

‘Mr. Christopher, E. Allstaedt

‘1074 Waterman St. Allstaedt.'

This letter was received by the bank. The assistant cashier testified that, when the letter was received, the bank ‘did not have the signature of Christopher Allstaedt. There was no time in the history of this account when the books were in such a condition that Christopher Allstaedt could have withdrawn money from that account. We didn't have his signature nor a record of it on the account.'

Christopher E. Allstaedt contends that this writing constituted him joint owner of the Stendel account, with right of survivorship, under the provisions of Act No. 286, Pub. Acts 1937, § 3, which provides: ‘When a deposit shall be made, in any bank by any person in the name of such depositor or any other person, and in form to be paid to either or the survivor of them, such deposits thereupon and any additions thereto, made by either of such persons, upon the making thereof, shall become the property of such persons as joint tenants, and the same together with all interest thereon, shall be held for the exclusive use of the persons so named and may be paid to either during the lifetime of both, or to the survivor after the death of one of them, and such payment and the receipt or acquittance of the...