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Golden Eagle-Bobtail Mines, Inc. v. Valley National Bank

Supreme Court of Arizona

June 1, 1943

GOLDEN EAGLE-BOBTAIL MINES, INC., Appellant,
v.
THE VALLEY NATIONAL BANK, a National Banking Association, and ALLEN KEMPE, Appellees

APPEAL from a judgment of the Superior Court of the County of Mohave. J. W. Faulkner, Judge. Judgment affirmed.

Mr. Vincent A. Marco and Mr. O. B. DeCamp, of Beverly Hills, California, and Mr. Charles P. Elmer, of Kingman, Arizona, for appellant.

Messrs. Gust, Rosenfeld, Divelbess, Robinette & Coolidge, of Phoenix, Arizona, for Appellee The Valley National Bank; Mr. Carl G. Krook, of Kingman, Arizona, and Mr. C. W. Hobson, of Los Angeles, California, for Appellee Allen Kempe.

OPINION

Page 290

[60 Ariz. 401] STANFORD, J.

This case is the result of an escrow agreement placed with appellee's branch bank at Kingman, Arizona, originally involving $40,000, but the appellee, The Valley National Bank, being uncertain to whom the proceeds of a $2,500 check should be paid, filed a complaint in interpleader against John F. Gross, Gail Reingold, C. W. Hobson and Allen Kempe.

To this action Gross answered that he made no claim to the sum. Reingold, by motion, asked that appellant be made an additional party and, from the records, we understand he was the president and agent of the Golden Eagle-Bobtail Mines, Inc., the appellant. Hobson and Kempe filed a joint answer claiming that Kempe was the owner of the proceeds of the check.

The appellant filed its answer and also filed a cross-complaint against the plaintiff in the lower court, the appellee herein, claiming damages for violation of the escrow instructions in the sum of $215,000.

The Valley National Bank filed its answer to the cross-complaint, and defendants Hobson and Kempe herein filed their reply.

[60 Ariz. 402] Appellant called for a jury trial but later waived the same and the case was tried before the court.

The judgment of the court awarded to Allen Kempe, who was defendant below and one of the appellees herein, the proceeds of the check for $2,500 involved herein and denied the claim of the appellant for damages against the appellee, The Valley National Bank.

The appellant requested findings of fact and on submission of same by the court, objected and requested and submitted different findings, conclusion and judgment to the court, but the same were denied.

The appellant on appealing, but without a record of the evidence, submits the following assignments of error:

1. The court erred in refusing to make findings of facts on the material issues ...


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