Arnold v. Hibernia Savings & Loan Society

GIBSON, C. J. The above entitled eases are companion to Maguire v. Hibernia Savings & Loan Society et al., this day decided. (Ante, p. 719 [146 P.2d 673].)

Plaintiffs claim membership in the society as assignees of various persons, who, it is alleged, entered into “contracts of membership ’ ’ with the society between 1859 and 1864, by signing the bylaws of 1859 and paying the entrance fee of two dollars. The complaints contain but one count which is similar to the first count of the complaint in the Maguire ease. The only material difference is that the complaints herein show that there has been no continuous maintenance of deposits with the society while the complaint in the Maguire case alleged that plaintiffs and their predecessor continuously maintained a deposit with the society.

[743]We are of the opinion that the trial court erred in sustaining demurrers to the complaints and in granting motions to dismiss the actions under section 1061 of the Code of Civil Procedure for the reasons set forth in the Maguire case, ante, p. 719 [146 P.2d 673], and the Saunders case, ante, p. 738 [146 P.2d 683].

Additional considerations are presented by these appeals, however, as the trial court granted motions made by six of the individual defendants to dismiss the actions on the ground that the complaints were sham and based upon false allegations respecting the assignments of memberships, deposit accounts, and passbooks. The motions were supported by affidavits, depositions, papers, records and pleadings on file in these and companion cases.

The complaint in the Arnold action alleged that Catherine Dowling Arnold, who became a member of and depositor in the society on December 8, 1862, assigned all her right, title and interest in her account, all moneys on deposit, and all rights of membership to plaintiff on September 30, 1903. In support of the motion to dismiss it was shown that on August 31, 1916, plaintiff presented to the society a writing dated September 30, 1903, whereby Catherine Dowling Arnold assigned to plaintiff “all moneys ... on deposit ... as represented by Pass book issued by said Society. . . . And all my right and interest in said Said Book and the amount therein represented to which I am or may be entitled.”

The complaint in the Yager action alleged that Catherine Murphy Keefe became a member and depositor on October 7, 1862, that she assigned all her right, title and interest in her account, all moneys on deposit, and rights of membership to Catherine Y. Keefe on July 22,1916, and that Catherine Y. Keefe assigned her interest to plaintiff on December 23, 1932. Proof was presented by defendants that Catherine Murphy Keefe closed her account on September 25, 1913, that she gave her original passbook to Catherine Y. Keefe in 1916, stating that if “anything ever came out of this, any interest in it,” she wanted Catherine V. Keefe to have it, and that shortly before her death, Catherine Y. Keefe delivered the passbook to an attorney to hold for plaintiff.