275 Mo. 667 | Mo. | 1918
James F. Coyle was treasurer of University City. Appellant is administrator of his estate. The city sued for a balance it alleges Coyle, as treasurer, owed it at the time of his death. The verdict was against the city. A new trial was granted, and the administrator appeals from that order.
The petition alleges the balance is $28,197. It is stipulated this has been reduced by payment of over $17,000 out-of the assets of the People’s Savings Trust Company. No point is made on the pleadings. One ground upon which the new trial was granted was that the verdict was “contrary to the law.”
There is no dispute that bonds for $100,000 were authorized, issued and sold, and that the checks for the proceeds were made out to James F. Coyle, Treasurer of University City; that he endorsed these cheeks for deposit with the People’s Savings Trust Company, and,
Appellant offered oral evidence tending to show that- the mayor and aldermen examined the statutes and concluded they had the right to control the fund; that they agreed they would do so; that they directed the deposit to be made in the Trust Company in Coyle’s name as treasurer; that the Trust Company offered interest as high as offered by any other and was located in University City; Coyle, the-may of and some of the aldermen were directors of the Trust Company. The city attorney and Coyle took to the Trust Company the checks representing the fund in question; the account was opened, as already stated, and the notation “special deposit” was placed upon the books in connection with the account. A little later the Trust Company issued and delivered to Coyle a pass book marked on cover “Mo. 165, People’s Savings Trust Co. By Mail Only. University City, St. Louis, Mo. In account with— Name, James F. Coyle, Treasurer — Town, University City, Mo.” In this book appear the deposits, withdrawals and balances. The heading over them is: “Book No. Mo. 165. People’s Savings Trust Co. In account with James F. Coyle, Treasurer University City, Mo.” This book and other evidence show that the proceeds of the bonds went into this account. On March 24, 1910, the balance was $61,793.16. On that date Coyle demanded the balance. The bank did not have it and Coyle accepted a certificate of deposit for $50,000. This left $11,793.16 in the account. Payments reduced the balance, and on December 3, 1910, Coyle surrendered his certificate of deposit, caused $10,000 to be placed
The answer avers and the evidence shows that Coyle’s reports as city treasurer during the per'idd from January, 1910/to the expiration of his term, contain no reference to the $100,000 fund. They had reference to other funds of the city. The balance (aboht $2,900) shown by these reports Coyle had paid o've'r.to his successors. He paid dver no part of the $100,000 fund. His bond was for $5,000 and was executed prior to the issuance of the City bonds. The amount was fixed by ordinance.
It is established that the Trust Company placed the $100,000 deposit with its other funds and paid it out as stated and charged itself with interest'on the deposit and treated the deposit as it treated its ordinary de
It is argued the evidence tends to show the mayor and board of aldermen took over the fund and Coyle acted as their agent in all these matters. Section 9371, Revised Statutes 1909, provides that “the mayor and board of aldermen . . . shall have the care, management and control of the city and its finances. ’ ’ This is relied upon to show that the board of aldermen had such care and control of the bond proceeds that they might retain custody of them to the exclusion of the treasurer. The question need not be discussed. Section 9395, Revised Statutes 1909, provides that “the treasurer shall receive and safely keep all moneys, warrants, books, bonds and obligations entrusted to his care, and shall pay over all moneys, bonds or other obligations of, the city on warrants or orders duly drawn, passed or ordered by the board of aldermen,” etc. The applicable city ordinance followed the language of the statute and provided that the treasurer should “pay over all moneys belonging to the city according to law. ” It is said the evidence tends to show the fund was not “entrusted” to Coyle’s care as treasurer, but that he held it as “agent” of the board of aldermen. As pointed out, appellant proved beyond dispute that the money was in Coyle’s possession and that all the checks and accounts show
IV. The reports of the treasurer and the report of an auditing committee which examined one of them constituted no account stated. As the answer avers, these reports did not include the fund in the TrUst
The trial court was right in granting a new trial on the ground that the verdict was contrary to law. The order is affirmed and the cause remanded. All concur.