Saddler v. Nat. Bank of Bloomington
| Decision Date | 11 May 1949 |
| Docket Number | No. 30844.,30844. |
| Citation | 85 N.E.2d 733,403 Ill. 218 |
| Parties | SADDLER v. NAT. BANK OF BLOOMINGTON. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Appellate Court, McLean County, on Appeal from Circuit Court, McLean County; William C. Radliff, Judge.
Action by William E. Saddler against the National Bank of Bloomington to recover the value of articles taken from a safety deposit box. From a judgment of the appellate court, 335 Ill.App. 18, 80 N.E.2d 387, affirming a judgment for defendant, plaintiff appeals.
Reversed and judgment rendered.
Branson Wright, of Bloomington, for appellant.
Cassidy, Sloan & Crutcher, of Peoria, and Costigan, Wollrab & Yoder, of Bloomington, for appellee.
Appellant, William E. Saddler, filed suit December 11, 1945, against appellee, The National Bank of Bloomington, a corporation, to recover the value of certain articles alleged to have been taken from his safety-deposit box in said bank by his wife and appropriated to her use when she had no authority to enter the box. Trial before a jury resulted in a verdict May 29, 1947, in favor of appellee. Motions for judgment non obstante veredicto or in the alternative for a new trial were filed by appellant June 5, 1947, and on the same day judgment was entered that appellant take nothing by his suit and that appellee go hence without day and that appellant pay the costs. Thereafter, on June 20, 1947, the court denied both motions. Appeal was taken to the Appellate Court which affirmed the judgment, 335 Ill.App. 18, 80 N.E.2d 387, and we have allowed an appeal to this court.
The complaint as amended charges in substance that appellant leased September 30, 1941, a safety-deposit box from appellee, said leasing being evidenced by an instrument in writing prepared and furnished by appellee, executed by appellant as lessee and by the bank through Nellie G. Roberts, custodian; that said instrument remained in force as a written contract between the parties until October 5, 1942, when another contract of the same form was entered into between them and in which latter contract appellant's sister, Ada Saddler, was named his deputy to have full and absolute control over the box. This contract, plaintiff's (appellant's) exhibit B, and the former one, plaintiff's (appellant's) exhibit A were made a part of the complaint. Following is a copy of said exhibit B, both front and back:
RULES
1. Lessor reserves the right to cancel any lease after ten days' notice by mail to the address on its records and the return of the unearned rental for the unexpired term of the lease.
2. Papers must not be examined within the vault, but in rooms which the lessor shall provide for that purpose. Lessee himself must remove and replace his box. Should an attendant handle the box as an accommodation to the lessee, lessor assumes no liability therefor.
3. Lessor shall under no circumstances, except as provided in paragraph 9, be considered as bailee or otherwise howsoever in control or possession of the contents of the leased box, the relation of the lessor and lessee,...
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