Wooding v. Puget Sound Nat. Bank

Decision Date01 April 1895
Citation40 P. 223,11 Wash. 527
PartiesWOODING v. PUGET SOUND NAT. BANK ET AL.
CourtWashington Supreme Court

Appeal from superior court, King county; J. W. Langley, Judge.

Action by Charles T. Wooding, doing business under the firm name and style of Wooding & Co. against William M. White, defendant and Puget Sound National Bank and the First National Bank of Seattle, garnishee defendants. From a judgment in favor of garnishee defendants, plaintiff appeals. Affirmed.

Smith &amp Littell and Blaine & De Vries, for appellant.

Carr & Preston, Struve, Allen, Hughes & McMicken and W. R. Bell, for respondents.

SCOTT, J.

On the 28th day of May, 1889, appellant brought an action in the superior court of King county against one William M. White to recover $2,214.50, with interest. A writ of attachment was issued in said cause, and on said day served on the respondents, the sheriff giving to each of the respondents a notice in writing that all debts, credits, moneys, or other personal property in their possession, or due by them or either of them to said William M. White, were levied upon and requesting each of the respondents to furnish him with a memorandum thereof, which they failed to do. On the 10th day of October, 1890, appellant obtained judgment against White in said action. On the 6th day of January, 1891, appellant submitted to said court an affidavit showing the foregoing facts, and that the respondents had up to said time refused to furnish any written memorandum, etc.; and prayed an order from said court citing each of said respondents to appear and answer under oath respecting such debts, credits, or other personal property, owing by them or in their possession, belonging to said White. It does not appear that any action was taken thereon by the court, and it is conceded that the respondents were not then cited, and that nothing further was done in the premises until the 29th day of March, 1893, when another affidavit to the same effect was submitted, and an order was issued thereon citing respondents to appear in said court on the 1st day of May, 1893, and answer under oath respecting such debts and property. The respondents appeared specially in response to said orders, and, although said matter was several times continued by consent, their rights under such special appearance were at all times reserved, and upon the final hearing respondents moved to dismiss said proceedings in garnishment, on the ground that any rights which the appellant had acquired by reason of the service of the writs of garnishment had become barred by lapse of time and by the statute of limitations. The motion was denied, and certain officers of the respondent banks were examined, and substantially the following circumstances were developed: On the 25th day of May, 1889, said White sold to the Puget Sound National Bank of Seattle two drafts, purporting to be cashier's drafts, one for the sum of $5,500, and the other for $2,500; and also at said time sold to the bank a certificate of deposit for $1,000; and the amount of said drafts and certificate, less a small percentage for exchange, and $380 which he left with instructions to pay off a certain obligation, was paid to White thereon. Near the same time, and upon the same day, White called at the First National Bank of Seattle, where he had previously transacted some business, and then had a balance of $258.05 to his credit, and deposited with this bank a check purporting to be for $2,500, drawn by a bank in Montana, and another check for $100, and the total amount was placed to his credit; whereupon White drew a check for $2,400 upon this bank, which was paid to him in money. He also negotiated certain other checks, amounting to nearly $400, upon this bank, which were thereafter paid. The $380 left by White at the Puget Sound National Bank was paid by the bank as White had directed. By virtue of these proceedings, White obtained from the Puget Sound National Bank the sum of $9,000, less the exchange aforesaid, and from the First National Bank nearly $2,800. Subsequent investigations developed the fact that the draft purporting to be for $5,500, negotiated with the Puget Sound National Bank, had been originally made as a draft for $55, and had been raised to $5,500; and the draft purporting to be for $2,500 had been originally made for $25, and raised to $2,500; and the draft negotiated with the First National Bank purporting to be for $2,500 had also originally been drawn for $25, and had been raised to $2,500. The Puget Sound National Bank recovered on the certificate of deposit, which was genuine, $1,000, so that the amount fraudulently obtained from this bank was $8,000. The two forged drafts presented to the Puget Sound National Bank were never presented for payment, being used in a criminal prosecution against White, which resulted in his conviction for forgery, and nothing was realized on them. The small checks drawn by White upon the First National Bank, and paid by it, exceeded in amount the aggregate to his credit and all collections made by the bank upon the checks; so that the amount of money which White had fraudulently obtained from the First National Bank exceeded the sum of $2,400. The forgeries were discovered within a few hours, and immediate pursuit of White was made, and a considerable sum was expended by the banks in trying to capture him, and recover possession of the money. It is claimed that the money so expended could be charged to White, and recovered of him, the expenditure having been induced by his fraudulent acts and representations.

The appellant was conducting a banking business at Aberdeen, in this state, and his cause of action against White was to recover for money which had been...

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11 cases
  • Lears v. Seaboard Air Line Ry.
    • United States
    • Georgia Court of Appeals
    • February 14, 1908
    ... ... In ... the case of Wooding v. Bank, 11 Wash. 527, 40 P. 223 ... (3), it was held: ... ...
  • Lears v. Seabd. Air Line Ry
    • United States
    • Georgia Court of Appeals
    • February 14, 1908
    ...The Supreme Court of Washington has been called upon to decide the exact question now before this court. In the case of Wooding v. Bank, 11 Wash. 527, 40 Pac. 223 (3), it was held: "Where a law giving a right to garnishment proceedings has been repealed subsequent to the commencement thereo......
  • Boundary Dam Constructors v. Lawco Contractors, Inc., 1345--I
    • United States
    • Washington Court of Appeals
    • May 21, 1973
    ...quashed by operation of law when RCW 7.32 was repealed without a savings clause as to pending writs. It cites Wooding v. Puget Sound Nat'l Bank, 11 Wash. 527, 40 P. 223 (1895). We believe we should leave the question open. The question raised is best answered when the answer given is essent......
  • Tiger v. Rogers Cotton Cleaner & Gin Company
    • United States
    • Arkansas Supreme Court
    • July 11, 1910
    ...may plead the statute of limitations. Rood on Garnishment, § 376; 20 La.Ann. 116; 10 Mo. 557; 32 N.H. 141; 21 Tenn. (2 Hump.) 137; 11 Wash. 527. The years statute applies. 62 Ark. 406. A question not raised in the motion for a new trial cannot be considered here. 23 Ark. 23; 70 Ark. 429. In......
  • Request a trial to view additional results

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