SUMMARIZE INTO TWO PARAGRAPHS Preexisting Obligation DENNEY v. REPPERT Court of
ID: 359510 • Letter: S
Question
SUMMARIZE INTO TWO PARAGRAPHS
Preexisting Obligation
DENNEY v. REPPERT
Court of Appeals of Kentucky, 1968 432 S. W.2d 647
Myre, Special Commissioner
The sole question presented in this case is which of several claimants is entitled to an award for information leading to the apprehension and conviction of certain bank robbers. On June 12th or 13th, 1963, three armed men entered the First State Bank, Eubank, Kentucky, and with a display of arms and threats robbed the bank of over $30,000. Later in the day, they were apprehended by State Policemen Garret Godby, Johnny Simms, and Tilford Reppert, placed under arrest, and the entire loot was recovered. Later all of the prisoners were convicted and Garret Godby, Johnny Simms, and Tilford Reppert appeared as witnesses at the trial. The First State Bank of Eubank was a member of the Kentucky Bankers Association which provided and advertised a reward of $500.00 for the arrest and conviction of each bank robber. Hence the outstanding reward for the three bank robbers was $1,500.00. Many became claimants for the reward and the Kentucky State Bankers Association, being unable to determine the merits of the claims for the reward, asked the circuit court to determine the merits of the various claims and to adjudge who was entitled to receive the reward or share in it. All of the claimants were made defendants in the action. At the time of the robbery the claimants Murrell Denney, Joyce Buis, Rebecca McCollum, and Jewell Snyder were employees of the First State Bank of Eubank and came out of the grueling situation with great credit and glory. Each one of them deserves approbation and an accolade. They were vigilant in disclosing to the public and the peace officers the details of the crime, and in describing the culprits, and giving all the information that they possessed that would be useful in capturing the robbers. Undoubtedly, they performed a great service. It is in the evidence that the claimant Murrell Denney was conspicuous and energetic in his efforts to make known the robbery, to acquaint the officers as to the personal appearance of the criminals, and to give other pertinent facts. The first question for determination is whether the employees of the robbed bank are eligible to receive or share in the reward. The great weight of authority answers in the negative. To the general rule that, when a reward is offered to the general public for the performance of some specified act, such reward may be claimed by any person who performs such act, is the exception of agents, employees, and public officials who are acting within the scope of their employment or official duties. At the time of the robbery the claimants Murrell Denney, Joyce Buis, Rebecca McCollum, and Jewell Snyder were employees of the First State Bank of Eubank. They were under a duty to protect and conserve the resources and money of the bank and safeguard every interest of the institution furnishing them employment. Each of these employees exhibited great courage and cool bravery, in a time of stress and danger. The community and the county have recompensed them in commendation, admiration, and high praise, and the world looks on them as heroes. But in making known the robbery and assisting in acquainting the public and the officers with details of the crime and with the identification of the robbers, they performed a duty to the bank and the public, for which they cannot claim a reward. The claims of Corbin Reynolds, Julia Reynolds, Alvie Reynolds, and Gene Reynolds also must fail. According to their statements, they gave valuable information to the arresting officers. However, they did not follow the procedure as set forth in the offer of the reward in that they never filed a claim with the Kentucky Bankers Association. It is well established that a claimant of a reward must comply with the terms and conditions of the offer of reward. [Citation.] State Policemen Garret Godby, Johnny Simms, and Tilford Reppert made the arrest of the bank robbers and captured the stolen money. All participated in the prosecution. At the time of the arrest, it was the duty of the state policemen to apprehend the criminals. Under the law, they cannot claim or share in the reward and they are interposing no claim to it. This leaves the defendant, Tilford Reppert the sole eligible claimant. The record shows that at the time of the arrest he was a deputy sheriff in Rockcastle County, but the arrest and recovery of the stolen money took place in Pulaski County. He was out of his jurisdiction, and was thus under no legal duty to make the arrest, and is thus eligible to claim and receive the reward. In Kentucky Bankers Ass’n et al. v. Cassady [citation], it was said: It is well established that a public officer with the authority of the law to make an arrest may accept a Chapter 12 Consideration 225 offer of reward or compensation for acts or services performed outside of his bailiwick or not within the scope of his official duties. It is manifest from the record that Tilford Reppert is the only claimant qualified and eligible to receive the reward.
Explanation / Answer
On June 1963, three armed men entered the First State Bank, Eubank, Kentucky, and robbed the bank of over $30,000. Later they were arrested by State Police and the entire loot was recovered. The Policemen were made witness in the trial. The First State Bank of Eubank was a member of the Kentucky Bankers Association which advertised a total reward of $1,500.00 for the arrest and conviction of three bank robbers. The Kentucky State Bankers Association, asked the circuit court to adjudge who among many claimants was entitled to receive the reward or share in it. All of the claimants were made defendants in the action.
At the time of the robbery the claimants Murrell Denney, Joyce Buis, Rebecca McCollum, and Jewell Snyder were employees of the First State Bank of Eubank. They provided all the information that they possessed which was useful in capturing the robbers. But they were Bank employees and have done their duty towards the Bank and general public for which they cannot claim a reward. Similarly other claimants Corbin Reynolds, Julia Reynolds, Alvie Reynolds, and Gene Reynolds gave valuable information to the arresting officers. However, they did not file a claim with the Kentucky Bankers Association due to which their claims got rejected since it is imperative for a claimant of a reward to comply with the terms and conditions of the offer of reward. Similarly two of the three policemen Garret Godby, Johnny Simms who made the arrest were doing their duty and is not eligible for a reward. Only for one of the policemen Tilford Reppert the record shows that at the time of the arrest he was a deputy sheriff in Rockcastle County, but the arrest and recovery of the stolen money took place in Pulaski County. He was out of his jurisdiction, and was thus under no legal duty to make the arrest, and is thus eligible to claim and receive the reward.
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