Sliscovich v. Scandinavian Am. Bank

• Decision Date: 23 December 1915
• Docket Number: 12754.
• Citation: 88 Wash. 674,153 P. 1077
• Parties: SLISCOVICH v. SCANDINAVIAN-AMERICAN BANK et al.
• Court: Washington Supreme Court

153 P. 1077

88 Wash. 674

SLISCOVICH v. SCANDINAVIAN-AMERICAN BANK et al.

No. 12754.

Supreme Court of Washington

December 23, 1915

Department 1. Appeal from Superior Court, King County; King Dykeman Judge.

Action by Joseph Sliscovich against the Scandinavian-American Bank and others. From a judgment for defendants, plaintiff appeals. Affirmed.

Willett & Oleson, of Seattle, for appellant.

Ballinger Battle, Hulbert & Shorts and F. J. Carver, all of Seattle for respondents.

MOUNT, J.

This action was brought in conversion to recover from the Scandinavian-American Bank and J. F. Lane, its cashier $200,000. After the issues were made up, the trial court dismissed the case as to the bank and Lane upon a motion for judgment upon the pleadings. The plaintiff has appealed from that order.

The facts as shown by the pleadings are as follows: The plaintiff on July 3, 1911, wrote a letter addressed to Mr. J. F. Lane in care of the Scandinavian-American Bank, Seattle, Wash., as follows:

'Dear Sir: Please find inclosed herewith certificate number four (4) for 2,199 shares of stock in the North Alaska Mining Co. I have this day given to Jacob Schick an irrevocable proxy for the voting of this stock and it is my intention in giving this stock to you, that the same shall be held by you to the end that the said Jacob Schick shall have full and absolute control of the corporation by reason of having the voting of this stock, and that said control shall last for a period of five years from the date of this letter, and if any one shall question Mr. Schick's control you are requested to show them this letter or to explain to them the contents thereof. Yours very truly, Joseph Sliscovich.'

This letter was given to Mr. F. J. Carver, attorney for Mr. Schick. On July 5, 1911, Mr. Carver inclosed the mentioned stock certificate in a letter of that date, addressed to Mr. Lane, in care of the Scandinavian-American Bank, Seattle, Wash., as follows:

'Dear Sir: Herewith inclosed find certificate of stock and letter from Mr. Joseph Sliscovich, which is self-explanatory. Mr. Sliscovich asks me to request you to acknowledge receipt of this letter and certificate. Yours truly, F. J. Carver & John Slattery, Per F. J. Carver.'

On July 8, 1911, Mr. Lane wrote a letter to Mr. Carver as follows:

'Dear Sir: I beg to acknowledge receipt of your favor of the 5th inst., inclosing certificate No. 4 for 2,199 shares of the North Alaska Mining Company in the name of Joseph Sliscovich; also Mr. Sliscovich's letter of instructions covering the same. We shall hold the stock in escrow in conformity with the terms and conditions of that letter. Yours very truly, J. F. Lane, Cashier.'

Nearly two years later, namely, on March 20, 1913, Mr. Sliscovich addressed a letter to Mr. Lane and the Scandinavian-American Bank, Seattle, Wash., as follows:

'Gentlemen: You are hereby notified that I have revoked the proxy which, on July 3, 1911, I gave to Jacob Schick to vote my shares of stock in the North Alaska Mining Co., and I hereby make demand on you for possession of certificate No. 4 for 2,199 shares of stock in the North Alaska Mining Co., delivered by me to you with the letter of July 3, 1911. Very truly yours, Joseph Sliscovich.'

On March 26, 1913, Mr. Lane wrote to the plaintiff a letter reading as follows:

'Seattle, Wash., March 26, 1913.

'Mr. Joseph Sliscovich, Seattle, Washington--Dear Sir Replying to your communication of March 20th, with reference to 2,199 shares of stock of the North Alaska Mining Company, evidenced by certificate number 4, which we received from Mr. F. J. Carver, attorney at law, under date of July 5, 1911, with a letter of instructions from you, I beg to inform you that we are advised by our attorneys that it would be unwise for us to deliver this stock to you as per your request, without the consent of Mr. Jacob Schick, who is an interested party to the deposit of this stock in our hands. If you can secure Mr. Schick's consent to the release of this stock by us to you, we shall be glad indeed to be relieved of the same; otherwise we must continue to hold it unless authorized by a court of proper jurisdiction to surrender the same. Yours very truly, F. J. Lane, Cashier.' After receiving this letter, Mr. Sliscovich brought this action against the bank, and

...