165 Ky. 802 | Ky. Ct. App. | 1915
Opinion op the Court by
Affirming.
Claude Jackson had on deposit, subject to check, the sum of $100 in the Bell National Bank of Pineville. Jackson resided at a mining camp several miles away. His business with the bank consisted of the following transactions : On March 22, 1912, he sent, by an uncle, $90 for deposit to his credit. A'pass book was properly made out'in the name of Claude Jackson with this item entered upon it. The uncle delivered the pass book to Claude Jackson. In some way, unexplained, the bank entered this : deposit on its ledger in the name of Charlie Jackson. '■There was no such person, at least in that section. On August 13th, 1912, Claude Jackson deposited $15, but
Parrott afterwards brought this suit against the bank for malicious prosecution, and the following, copied from the petition, is the gist of his action:
“Said bank and its officers and agents in management and control of its banking business * * * wrongfully, maliciously, and without probable cause, 'and, in fact, without any cause, induced, caused, and instigated the said Byrley to institute a criminal prosecution and charge of obtaining money and property by false pretense against this .plaintiff, etc.”
.. ,.The bank, being a corporation and having its place of business, in Bell cClinty, where the summons was served, demurred specially to the jurisdiction of the
We have already referred to some of the evidence, .in order to show that the bank caused and instigated the .arrest, Parrott introduced Byrley as a witness. Unless the testimony of this witness made out a case, then there was no case and the court properly directed a verdict.
On that proposition Byrley testifies that he waited at the bank until after 2 o’clock for Parrott to come and bring Claude Jackson with him. He then learned that Parrott had left Bell and gone to Knox county.
“Q. Then it was you went to the Police Judge in Bell county and procured the warrant of arrest for obtaining money under false pretense? A. Yes, sir. Q. Now, Mr. Byrley, did the president of the Bell National Bank, or anyone connected with the defendant company, have anything to do with that at all? A. Not any with me getting the warrant out they did not. Q. Did not ask you to do it or request that you do it? A. No sir, they did not tell me to. Q. You went of your own accord and got it? A. Yes, sir; the reason he did not show up according to the agreement and make some arrangement about it caused me to want to see where I was at. Q. Mr.. Byrley, tell the jury whether or not you would have taken out or had that warrant of arrest taken out for plaintiff, Mr. Parrott, but for the fact that he failed to meet you .at the bank according to his agreement with you and but for the fact that after he had thus failed you learned he had left Bell county and come to Knox county? A. No, sir, if he had showed up according to agreement I would not have sworn any warrant out for him. ’ ’
After a careful reading of the testimony, the material part of which we have already quoted, we are satisfied that the lower court committed no error in giving the peremptory instruction. It is clear, the bank wrongfully refused to pay the check, and also said to Byrley that he ought to “make Jackson fix it up,” or, “make it good.”
Bank of Commerce v. Goose, 39 Neb., 437; 58 N. W., 84; 23 L. R. A., 190, was an action by Goose against the: bank, suing to recover damages for his arrest and prosecution growing out of the refusal of the bank to honor a check which’ he had drawn thereon. The bank had refused to pay his check, though, perhaps, the refusal was. not justified. The person to whom the check was issued swore to the affidavit which led to his arrest. The court said:
“It is evident that the petition was framed upon the theory that the bank was liable for the arrest and imprisonment of plaintiff, and the publication of that fact,, whereby his credit was greatly damaged. The trial court, however, very properly held that these matters could not-be charged to the bank for the mere fact of refusal to pay the check of the plaintiff, his prosecution and imprisonment and the published statements in relation thereto not being the natural results of such refusal.”
Having’ reached the conclusion that there are no facts, in evidence to malee out a case against the bank, even if the action had been properly instituted in Knox county, it becomes unnecessary to consider the propriety of the court’s ruling that the Knox Circuit’ Court had jurisdiction.
For the reasons stated, the judgment is affirmed.