Price v. Bank of Poynette
Decision Date | 08 December 1910 |
Citation | 128 N.W. 895,144 Wis. 190 |
Parties | PRICE v. BANK OF POYNETTE ET AL. |
Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Columbia County; Chester A. Fowler, Judge.
Action by James Price against the Bank of Poynette and others. From a judgment for plaintiff, defendants appeal. Affirmed.
This action was brought to recover the value of certain personal property claimed to have been obtained from plaintiff by defendants through fraud, duress, and without consideration.
The answer sets up misappropriation of money by plaintiff's son, Fred Price, while in the employ of defendants, and that on May 7, 1906, said Fred did turn over to defendants property in part payment, and that afterwards the full amount of the misappropriation was discovered, and that the property in the bill of sale was turned over to defendants in part payment of such money; that all money paid defendants on account of the misappropriation was insufficient to pay it; that plaintiff had profited by Fred's misappropriation of the money of defendants. Defendants also deny generally the allegations of the complaint and further allege that the certificate of deposit for $200 mentioned in the complaint was the property of defendants. The following receipt was given by defendants showing the property received in reimbursement of money taken by Fred C. Price:
“Received of Fred C. Price the following certificates against the Bank of Poynette:
+-----------------------------------------------------------------------------+ ¦Number 5416, James Price, for ¦$200 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Number 5231, Esther E. Price ¦50 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Number 4651, Esther E. Price ¦100 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Number 5659, J. J. Price, for ¦55 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Note against T. W. Cutsforth, for ¦34 50 ¦ +--------------------------------------------------------------------+--------¦ ¦Note against Wm. Trout, for ¦31 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Four notes against James Insley, for ¦175 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Note against Thos. H. Tomlinson, for ¦90 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Note against George Cook, for ¦20 80 ¦ +--------------------------------------------------------------------+--------¦ ¦Note against J. E. Foster, for ¦33 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Note against R. F. Buzzell, for ¦32 28 ¦ +--------------------------------------------------------------------+--------¦ ¦Note against M. E. B. Thompson, for ¦105 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Note against George White, for ¦52 30 ¦ +--------------------------------------------------------------------+--------¦ ¦Note against C. M. Theissen, for ¦300 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Books account against John Jamieson, for ¦335 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Books account against Frank Hadden, for ¦411 09 ¦ +--------------------------------------------------------------------+--------¦ ¦Books account collected by G. L. Schwartz and proceeds turned in, ¦54 72 ¦ ¦for ¦ ¦ +--------------------------------------------------------------------+--------¦ ¦Note and Mortgage given us by Ira C. Luce, for ¦2,000 00¦ +--------------------------------------------------------------------+--------¦ ¦Horse, buggy, cutter, harness, etc., etc. ¦200 00 ¦ +--------------------------------------------------------------------+--------¦ ¦Warranty deed from James Price and wife ¦12,000 ¦ ¦ ¦00 ¦ +--------------------------------------------------------------------+--------¦ ¦Warranty deed from F. C. Price and wife and E. C. Price and wife ¦18,000 ¦ ¦ ¦00 ¦ +--------------------------------------------------------------------+--------¦ ¦Warranty deed from F. C. Price and wife, for homestead, house, and ¦4,000 00¦ ¦lot ¦ ¦ +--------------------------------------------------------------------+--------¦ ¦Bill of sale of hardware stock ¦9,017 81¦ +--------------------------------------------------------------------+--------¦ ¦Three certificates against the Bank of Poynette, notes and cash ¦3,000 00¦ ¦turned over Jan. 4, 1906 ¦ ¦ +--------------------------------------------------------------------+--------¦ ¦Personal property from Minnesota farm, after deducting Price ¦1,409 24¦ ¦Brothers' overdraft ¦ ¦ +--------------------------------------------------------------------+--------¦ ¦Cash and sundry small items ¦150 85 ¦ +--------------------------------------------------------------------+--------¦ ¦One note signed by James Price, Fred C. Price, Nell Price and ¦6,000 00¦ ¦others, for ¦ ¦ +--------------------------------------------------------------------+--------¦ ¦Making a total of ¦$57,857 ¦ ¦ ¦59 ¦ +-----------------------------------------------------------------------------+
Above amount being turned over to us by said Fred C. Price to reimburse us for the moneys taken from us and the Bank of Poynette, and discovered at this date, May 28, 1906. Said moneys having been fraudulently taken and misappropriated by said Price.
Jameison Brothers and Bank of Poynette,
H. P. Jameison, Cashier.”
The jury returned the following verdict:
Motions by defendants for nonsuit, directed verdict, to change answers to the questions in the special verdict, and for a new trial were denied, and judgment ordered for plaintiff on the verdict. Judgment was entered accordingly, from which this appeal was taken.
H. E. Andrews and John A. Aylward, for appellants.
Daniel H. Grady, for respondent.
KERWIN, J. (after stating the facts as above).
The defendants, H. P., A. J., and J. C. Jameison, were the owners of the defendant bank of Poynette and also the owners of a large amount of other property at Poynette, Arlington, and in that vicinity. Fred C. Price, a son of plaintiff, had been in the employ of defendants for several years prior to 1906 in the capacity of clerk, bookkeeper, and general utility man of the defendant bank. Early in 1906 it was discovered that Fred C. Price had misappropriated a large amount of money belonging to the defendant bank. Fred admitted his guilt and turned over such property as he had to the defendants. Other relatives of Fred also turned...
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