Sims v. First Nat. Bank

• Decision Date: 25 September 1935
• Docket Number: 25245.
• Citation: 51 P.2d 820,175 Okla. 180,1935 OK 872
• Parties: SIMS v. FIRST NAT. BANK OF MANGUM et al.
• Court: Oklahoma Supreme Court

51 P.2d 820

175 Okla. 180, 1935 OK 872

SIMS v. FIRST NAT. BANK OF MANGUM et al.

No. 25245.

Supreme Court of Oklahoma

September 25, 1935

Rehearing Denied Dec. 3, 1935.

Syllabus by the Court.

1. Where it appears that the verdict of the jury is reasonably supported by the evidence, that the issues were submitted to the jury on appropriate instructions, and that no substantial error was committed by the trial court in ruling upon questions of law during the trial of the cause, this court will not disturb its verdict for the reason so to do would be an invasion of the right to trial by jury.

2. The judgment of the district court is affirmed.

Appeal from District Court, Greer County; Frank Mathews, Judge.

Action by Donnie Sims against the First National Bank of Mangum Okl., wherein J. C. Saunders, as administrator of the estate of Ida Saunders, deceased, intervened. Judgment for intervener, and plaintiff appeals.

Affirmed.

W. B Garrett, of Mangum, and Ross Cox, of Hollis, for plaintiff in error.

Percy Powers, of Mangum, for defendants in error.

PER CURIAM.

This action was commenced in the district court of Greer county Okl., on March 23, 1933, by Donnie Sims against the First National Bank of Mangum, Okl., setting forth two causes of action in her verified petition, the first alleging that on or about the 21st day of February, 1931, a certain Ida Saunders deposited the sum of $100 with the defendant bank and received therefor its certificate of deposit No. 6163, by the terms of which the said bank became liable to pay to the said Ida Saunders, or order, twelve months after date, said sum, with interest thereon at the rate of 4 per cent. per annum from said date of issuance, subject to the right reserved by the bank to require thirty days' written notice prior to withdrawal. That in the year 1932, no more specific date being alleged, the said Ida Saunders, by manual delivery, conveyed, assigned, transferred, and delivered said certificate of deposit to the person herein, who since said time, and at the time of the filing of her petition herein, was the owner and holder of said certificate.

That on or about the 22d day of March, 1933, the plaintiff tendered said certificate of deposit to the issuing bank for payment thereof, but that payment was refused. The bank did, however, on said date, in writing, waive its right to the thirty-day notice of demand for the payment thereof, and plaintiff prayed judgment on this cause of action in the sum of $108.66, with interest thereon at the rate of 6 per cent. per annum from the 22d day of March, 1933, for her costs, and for general relief.

Plaintiff's allegations in her second and remaining cause of action are identical with those set out in her first cause, except that she therein asks judgment against the defendant bank for the sum of $215.42, with interest thereon at 6 per cent. per annum, this representing a certificate of deposit No. 6176 issued by the same bank on the 14th day of April, 1931, this certificate of deposit being in the principal sum of $200.

Plaintiff attaches to her petition, and makes parts thereof, copies of said certificates of deposit, identifying them as Exhibits A and D, respectively; the written demand of plaintiff on said bank for the said certificates of deposit, identifying it as Exhibit B and of the waiver of said bank admitting the presentation for payment and refusing payment for the reason that same were payable to Ida Saunders, bears no indorsement, and that demand for the payment had been made by Jack Saunders, as administrator of the estate of deceased; that the ownership of said certificates of deposit, being in dispute, that payment was refused to either party until the certificates were properly indorsed and presented, and their ownership determined. The bank, in the same instrument, waived its right to the thirty-day notice of demand for their payment, this instrument being identified as Exhibit C.

That on April 3, 1933, J. C. Saunders, as administrator of the estate of Ida Saunders, deceased, filed his motion and sworn plea of intervention herein, in which he denied each and every material allegation in plaintiff's petition unless otherwise admitted therein, and demanded strict proof thereof. That he admitted the death of Ida Saunders and shows that on the 31st day of August, 1932, letters of administration were issued to him by the county court of Greer county, Okl., upon her estate, supporting such appointment by a copy of such letters, marking them Exhibit A. He admits the issuance of two certificates of deposit to Ida Saunders, as alleged by plaintiff, and claims that they are the property of her estate. That he, as such administrator, is entitled to collect thereon, and that no other person is entitled so to do. That his demand upon the issuing bank for their payment has been refused.

He further denies that said deceased ever made any transfer or assignment of any kind of said certificates of deposit to the plaintiff, or to any other person, but, on the contrary alleges that plaintiff obtained possession of them by some trick or artifice, and without the knowledge or consent of the deceased during her lifetime. That he asked for judgment against the bank for the sum of $300, and interest thereon, as provided in said certificates, for his costs, and all other further and proper...