Bank of Yolo v. Bank of Woodland

This action was brought to recover the sum of $2,713.65 from the defendant Evans, and to have it adjudged that the other defendants had no claim to or interest in said sum. Evans deposited the money in court to abide the result of the controversy between the banks, and the action as to him was dismissed. The Bank of Woodland, in its answer, denied the averments of the complaint, and by way of cross-complaint set forth its right to the money, and Simpson answered denying generally the averments of both the complaint and cross-complaint. The court rendered judgment that the plaintiff was entitled to $183.54 of the sum so deposited, and the respondent bank to the remainder, and to costs. The plaintiff appeals from the judgment, and from an order denying its motion for a new trial.

The following facts are gleaned from the evidence, construed, as it must be, in the light most favorable to the findings and judgment.

The defendant Simpson made an agreement with defendant Evans, and through the agency of the latter, at some time prior to December 11, 1900, chartered two ships named, respectively, “The Anglessey” and “The Shenandoah,” for the purpose of loading the same w'ith cargoes of…