179 Ky. 455 | Ky. Ct. App. | 1918
Opinion of the Court by
Reversing.
Plaintiff, A. M. Clark, brought this suit against defendant, C. E. Ball, to recover the sum of $1,000.00. The law and facts were submitted to the court without the intervention of a jury, and judgment rendered in favor of plaintiff. Defendant’s motion and grounds for a new trial having been overruled, he prosecutes this appeal.
The facts aré as follows: Plaintiff was cashier and E. F. Boggess was assistant cashier of the Peoples Bank of Harlan. Smith Ball and defendant, C. E. Ball, were both depositors of the bank. A few days before October 4, 1913, Smith Ball asked plaintiff if he could get $1,000 at the bank if he needed it, no mention being made of the purpose for which it was to be used. Plaintiff informed Smith Ball that he could get that amount of money and told Boggess, the assistant cashier, to let him have it, if he wanted it. At that time, W. A. Brock and Jno. A. Creech were candidates for county judge. Smith Ball, was for Brock and C. E. Ball for Creech. On the morning of October 4, 1913, plaintiff was out of the bank. When he returned he was informed that Smith Ball had bet $1,000.00 that Brock would be-elected, while C. E. Ball had bet $500.00 that Creech would be elected. The two Balls requested plaintiff to be their stakeholder and he consented to act in that capacity. Thereupon Smith Ball placed in his hands a check for $1,000.00 certified by the bank by Boggess as assistant cashier, while 0. E. Ball placed in his hands Creech’s check for $500.00 certified
Plaintiff’s right of action is based solely on the theory that as Smith Ball was released from the payment'of the $1,000.00, the money which C. E. Ball received was plaintiff’s money, and plaintiff is therefore entitled t.o recover it. In deciding the question we shall eliminate entirely the betting feature of the transaction and concede as true plaintiff’s statement that the money was not furnished' to Smith Ball for the purpose of making a bet but was furnished for the purpose of keeping the records of the bank straight.' We then have a case where plaintiff believing that Smith Ball was good for the money, himself placed the money to the former’s credit to meet the check which the bank had certified. When Smith Ball failed to pay to plaintiff the money thus furnished, the note and mortgage were executed to Boggess as trustee and then
Judgment reversed and cause remanded with directions to dismiss the petition.