A.T. Knopf, Inc. v. Richardson

• Decision Date: 05 June 1984
• Docket Number: No. 47010,47010
• Citation: 674 S.W.2d 174
• Parties: A.T. KNOPF, INC., Plaintiff-Respondent, v. Harlow R. RICHARDSON, Treasurer of St. Louis County, St. Louis County Bank, Garnishee, St. Louis County, Missouri, Intervenor, Defendants-Appellants.
• Court: Missouri Court of Appeals

Page 174

674 S.W.2d 174

A.T. KNOPF, INC., Plaintiff-Respondent, v. Harlow R. RICHARDSON, Treasurer of St. Louis County, St Louis County Bank, Garnishee, St. Louis County Missouri, Intervenor, Defendants-Appellants.

No. 47010.

Missouri Court of Appeals,

Eastern District,

Division Two.

June 5, 1984.

Motion for Rehearing and/or Transfer to

Supreme Court Denied July 12, 1984.

Application to Transfer Denied

Sept. 11, 1984.

Irene J. Smith, Timothy L. Grosch, County Counselor's Office, Clayton, for defendants-appellants.

Christopher G. Kelleher, St. Louis, for plaintiff-respondent.

PUDLOWSKI, Judge.

This is an appeal from an order denying a motion to intervene in a garnishment proceeding. Our original opinion was withdrawn on March 13, 1984. We reverse and vacate.

On December 27, 1976, plaintiff-respondent, A.T. Knopf, Inc., and intervenor-appellant, St. Louis County, Missouri (County), executed an agreement that provided, inter alia, that respondent place thirteen thousand sixty-five dollars ($13,065.00) in an account held by County for the purpose of payment for construction of certain road improvements by County. The agreement was signed on behalf of County by the Chairman of the St. Louis County Department of Highways and Traffic and the St. Louis County counselor. Allan T. Knopf, President of respondent corporation signed on behalf of respondent. Harlow R. Richardson, Treasurer of St. Louis County, signed the agreement as certification that respondent had deposited the cash sum in the Treasury of St. Louis County Special Transit Account.

On January 22, 1981, respondent filed a petition against Richardson alleging that said agreement between respondent and County was void ab initio on the grounds that it violated the Rule Against Perpetuities. The St. Louis County Circuit Court issued a default judgment against Richardson finding that said agreement was void ab initio and that respondent was entitled to recover the principal sum of thirteen thousand sixty-five dollars ($13,065.00) plus interest of three thousand four hundred fifty dollars ($3,450.00).

Subsequently, County filed a motion to set aside the default judgment. This motion was overruled on September 18, 1981. No appeal was taken. A writ of sequestration was then issued against Richardson. The circuit court quashed execution of the writ holding that the judgment against Richardson was a judgment against him in his official capacity and not as a private individual.

On December 29, 1981, a writ of execution and garnishment was issued. On January 11, 1982, St. Louis County Bank (Garnishee) filed its Motion to Quash Execution. On February 4, 1982, County filed its motion to quash. County's motion was overruled on March 11, 1982. County then filed a Motion to Intervene on March 31, 1982. On November 15, 1982, Garnishee's Motion to Quash and County's Motion to Intervene were permitted to be withdrawn by the circuit court. Both motions were refiled in January, 1983. After a hearing, the circuit court, inter alia, denied County's Motion to Intervene and Garnishee's Motion to Quash Execution. On March 14, 1983, the circuit court ordered garnishee to pay into the registry of the court the sum of seventeen thousand, five hundred ninety-three dollars and thirty-nine cents ($17,593.39).

On appeal, County alleges that the circuit court was without jurisdiction because Harlow R. Richardson, Treasurer of St. Louis County, was not an authorized representative of County and as a result, County was not a party to the lawsuit. In the alternative, County argues that the circuit court erred in denying County intervention because County was entitled to intervention as a matter of right. Missouri Supreme Court Rule 52.12(a)(2).

In the case at bar, respondent filed an action in St. Louis County Circuit Court against Harlow R. Richardson, Treasurer of St. Louis County. The circuit court entered a default judgment against Richardson, in his official capacity as treasurer, when he failed to appear. A general rule of res judicata is that a political subdivision is only bound by judgments in which it or its authorized representatives were parties to the suit. A judgment for or against a public officer, in an action brought by or against him in his official capacity, is conclusive on the municipal corporation which he represents. Varnal v. Kansas City, 481 S.W.2d 575 (Mo.App.1972).

Both parties agree that Richardson was not a party to the agreement. Richardson merely signed the agreement as certification that respondent had deposited the cash sum in the Special Transit Account of County's treasury. Thus, the issue at bar is whether Richardson was merely a ministerial employee of County or a representative acting in an official capacity and lawfully designated to be served with a copy of summons and petition. Rule 54.13(a)(4).

St. Louis County Charter, Section 4.060 provides in relevant part: "[t]he director of administration shall appoint, under the merit system, the treasurer of the county who shall: (1) receive and retain custody of all public funds belonging to or handled by the county or any of its officers." (Emphasis added). Further, Section 303.020, St. Louis County Revised Ordinances provides that "[t]he County Treasurer shall pay out moneys on warrants approved and signed by the Accounting Officer and County Supervisor and not otherwise." (Emphasis added). When both sections are read in conjunction, it is apparent that "custody" does not mean "control." By definition, Section 303.020 prohibits Richardson from...