Platte Valley State Bank v. Nat'l Live-Stock Bank

• Decision Date: 01 April 1895
• Citation: 40 N.E. 621,155 Ill. 250
• Parties: PLATTE VALLEY STATE BANK v. NATIONAL LIVE-STOCK BANK.
• Court: Illinois Supreme Court

155 Ill. 250

40 N.E. 621

PLATTE VALLEY STATE BANK

v.NATIONAL LIVE-STOCK BANK.¹

Supreme Court of Illinois.

April 1, 1895.

Appeal from appellate court, First district.

Bill of interpleader by the National Live-Stock Bank against the Platte Valley State Bank, the Union Stock Yards National Bank, and F. A. Halsey. The bill was dismissed on demurrer, but the decree of dismissal was reversed by the appellate court. 54 Ill. App. 483. The Platte Valley State Bank appeals. Affirmed.Peckham & Brown, for appellant.

Coy & Brockway and Walker, Judd & Hawley, for appellee.

WILKIN, C. J.

Appellee filed its bill of interpleader in the circuit court of Cook county against the appellant, the Union Stock Yards National Bank, and Halsey. The latter was defaulted, and the Union Stock Yards National Bank answered, not questioning the complainant's right to file the bill, but claiming that the money mentioned therein belonged to it. The appellant filed a general demurrer to the bill, which was sustained by the circuit court, and the bill dismissed, at complainant's cost. From that order appellee appealed to the appellate court of the First district; and that court, upon a consideration of the case, reversed the decision of the circuit court, and entered its judgment remanding the cause generally. Subsequently, during the term, upon the present appellant's declaring its purpose to abide by its demurrer, that judgment was changed, and the decree of the circuit court was reversed, and the cause remanded, with directions to permit the complainant in the interpleader (this appellee) to pay the money in its hands into court, to the credit of the Platte Valley State Bank (this appellant), and, upon such payment being made, to order that said lastnamed bank and the Union Stock Yards National Bank interplead with each other as to their respective rights to said fund, and that an injunction issue, restraining the Union Stock Yards National Bank from proceeding against the National Live-Stock Bank in the attachment proceedings mentioned in the bill, and restraining all of the defendants to the bill from commencing any action or actions against the said National Live-Stock Bank for the recovery of said fund. It was further ordered that the National Live-Stock Bank recover its costs against the said Platte Valley State Bank, and have execution therefor. This is an appeal from that judgment.

Appellee has entered a motion to dismiss the appeal upon the ground that the judgment of the appellate court is not a final judgment, and that motion, having been reserved until the decision of the case, must first be disposed of. Appellee is a banking corporation doing business at the stock yards, in Chicago, and the appellant, the Platte Valley State Bank, and the Union Stock Yards National Bank, are banking corporations located in the state of Nebraska. According to the allegations of the bill, as amended, one F. A. Halsey,-who was also made a party defendant to the bill, and was defaulted,-by his agent, deposited with appellee the sum of $5,963.18, to be credited to the appellant, Platte Valley Bank, and to be remitted or paid to said Platte Valley Bank upon presentation of a draft to be drawn by it. When the money was so deposited, the agents of Halsey requested appellee to immediately notify the Platte Valley Bank of the deposit and credit having been made; and notification thereof was accordingly, and on the same day, given by both telegram and letter. It was further alleged, upon information and belief, that the Platte Valley Bank, acting upon said telegram and letter, and prior to any further advice from the appellee concerning the money so credited, paid out, to an extent unknown to appellee, certain sums of money upon orders therefor drawn by said Halsey, and that said Platte Valley Bank does now, and has ever since the day of such deposit, claimed of appellee the entire sum so deposited and credited, and that the entire sum so deposited and credited still remains in the hands of the appellee. It is further alleged that four days after said deposit was made, and before the receipt by appellant of any draft or other request by the Platte Valley Bank or by said Halsey, the Union Stock Yards National Bank of South Omaha made known to appellee that it claimed said fund of $5,963.18, asserting that the same was the proceeds of sale of certain cattle owned by said Halsey, and mortgaged to said Union Stock Yards Bank, and wrongfully converted by Halsey without its knowledge or consent, and that said Platte Valley Bank had notice of such mortgage and wrongful conversion, and of the disposition of the proceeds as aforesaid; that said Union Stock Yards Bank claims said money, and has notified appellee not to pay the same to the Platte Valley Bank, and has begun a suit at law in attachment to obtain said fund from appellee, as garnishee, and threatens other suits at law and in equity against appellant; that both the Platte Valley Bank and the Union Stock Yards Bank claim from appellee the said specific fund of $5,963.18; that both of said banks' claims against appellee arise out of the depositing by Halsey of said fund with appellee; that the appellee is in danger of being harassed by other suits of said claimants; that appellee is, and always has been, willing to pay said fund to whomsoever is lawfully entitled thereto, and offers to bring the same into court; that appellee fears it cannot be protected by the judgment that may be recovered against it in the suit at law that has been begun, or in other suits that may be begun against it by either of the rival claimants to said fund, and therefore prays that the said several claimants to said fund may be required to interplead, and settle their demands between themselves; that appellee has no interest in the subject-matter, and is not colluding with either of said claimants touching the matter in controversy, but exhibits its bill of interpleader merely that it may be protected in the payment of said fund, and avoid being harassed by the claimants thereto, and agrees to pay the same to whichever claimant may be adjudged to be entitled thereto, and prays for an injunction against the prosecution of said attachment proceedings, and from other suits being begun against appellee for the recovery of said money.

It will thus be seen that the judgment of the appellate court appealed from grants to the appellee all the relief prayed for in its bills, and allows it to do just what it there offers to do. If the appellate court decided correctly in reversing the judgmentof the circuit court, the latter should have overruled appellant's demurrer to the bill. If it had done so, and appellant had elected to stand by the demurrer, as it did in the appellate court, it would have been the duty of the court to grant the prayer of the bill; and as there was then no issue between the complainant and other parties as to its right to file the bill of interpleader, and have the relief therein prayed, we are unable to see why an appeal, upon the prayer of this appellant, from such a decree, would not have been maintainable in the appellate court. The decree would have finally settled the rights of the complainant in the interpleader, as against the Platte Valley State Bank; and, as nothing remains to be litigated between it and the other banks, it could not have been said there was an attempt to take the case to a court of review by piecemeal. If an appeal could not have been prosecuted from such a decree,...