Senn v. Commerce-Manchester Bank

630 S.W.2d 571, 1982 Mo. LEXIS 370
CourtSupreme Court of Missouri
DecidedApril 6, 1982
DocketNo. 62948
StatusPublished
Cited by1 cases

This text of 630 S.W.2d 571 (Senn v. Commerce-Manchester Bank) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Senn v. Commerce-Manchester Bank, 630 S.W.2d 571, 1982 Mo. LEXIS 370 (Mo. 1982).

Opinion

BARDGETT, Judge.

The defendant-appellant, Commerce-Manehester Bank (Bank), appealed to the Missouri Court of Appeals, Eastern District, from an order of the circuit court overruling its motion for satisfaction of principal amount of a certain judgment and from the order sustaining plaintiffs-respondents’ Senn et al. (Class’s) motion for partial satisfaction of judgment. On the motion of the Class, the court of appeals transferred the case here because the instant appeal may involve considerations of the correctness of a prior opinion of this Court in this case. While this Court does not have original jurisdiction of this appeal, the transfer is accepted under Rule 83.06.

This case has been the subject of two prior appeals — Senn, et al. v. Manchester Bank, 583 S.W.2d 119 (Mo. banc June 19, 1979), hereafter Senn I, and Senn, et al. v. Commerce-Manchester Bank, 603 S.W.2d 551 (Mo. banc July 15, 1980), hereafter Senn II.

On August 29, 1979, the Bank paid $1,053,805.00 to the Class. That figure represents the total of the actual and punitive damages judgment rendered against the Bank. The total was divided into separate checks representing the payees’ share less attorney fees, and then one check was issued to the Class’s attorney for one-third of the judgment amount. The procedure followed was as set forth in Senn I.

On August 29, 1979, the Class claimed it was entitled to the $1,053,805.00 as the basic judgment plus interest from May 20, 1976. It was on May 20, 1976, that the judgment reviewed in Senn I was entered in circuit court. Senn I essentially affirmed the Class’s right to recover and remanded for entry of separate judgments which were entered by the trial court on August 29, 1979.

On August 29, 1979, the Bank contended it did not owe interest from May 20, 1976, but would owe interest only as of August 29, 1979, the date of the judgment on remand.

It was agreed that if owed, the amount of interest due from May 20, 1976, to August 29, 1979, would be $207,007.69.

The Bank appealed on the question of whether it owed interest from May 20,1976. Senn II decided the interest was owed from May 20, 1976. That was the only issue briefed by the Bank on that appeal. Under the facts as they appeared to the Court in the appeal in chief in Senn II, it seemed that the general United States rule that payments on debts are first to be applied to interest and the balance to principal was applicable. If so, then $207,007.69 of the $1,053,805.00 that was paid on August 29, 1979, would be applied first to interest thus reducing the principal payment by that amount and leaving $207,007.69 as unpaid principal accruing interest from • May 20, 1976, to whenever paid. And that is the position the Class takes on this appeal.

The Bank’s position is that by reason of Senn II it owed the Class the $207,007.69 on August 29, 1979, as interest on the judgment entered May 20, 1976; that the parties agreed that the payment of $1,053,-805.00 made by the Bank on August 29, 1979, was payment of the basic judgment (principal) in full and, therefore, the Bank was thereafter liable to the Class for the $207,007.69 plus interest on that sum until paid.1

In the instant appeal, facts surrounding the August 29, 1979, payment, which were not known from the briefs and record in Senn II, are now known.

The law as stated in Senn II is correct2 but, because there was an agreement to apply the payment of $1,053,805.00 fully to principal and not to interest, the exception to the general rule applies here. The rule referred to provides:

[573]*573In applying partial payments to an interest-bearing debt which is due, the rule known as the “United States rule,” is that in the absence of an agreement or statute to the contrary, the payment should be first applied to the interest due.

45 Am.Jur.2d Interest and Usury § 99, at 88 (1969) (emphasis added) (footnotes omitted).

Each check issued by the Bank to Class members carried the following restrictive endorsement:

Received and accepted as full and complete satisfaction of the principal amount of the judgment in the case of Senn et al. v. Commerce-Manchester Bank, Cause No. 43770, Circuit Court, City of St. Louis.

On August 29, 1979, the Bank delivered to the Class’s attorney in court checks payable to each class member(s) and one to the Class’s attorney with each check bearing the restrictive endorsement noted above.

The Class’s attorney prepared a letter to accompany each check to the class member explaining what was happening. That letter reads in pertinent part:

On August 16, 1979, we appeared before the trial court and the necessary hearing was held to correct the first judgment. The corrected judgment has now been entered. The corrected judgment provides that 6% interest is to be paid from May 20, 1976, when the judgment was originally entered. However, the Supreme Court opinion is silent as to whether interest should be paid although in our opinion logic dictates that interest should be paid. The Bank is now appealing the question of whether interest is owed. We are almost certain that this appeal will not take nearly as long as the first one.
However, the Bank is paying the principal amount of each judgment. Accordingly I am enclosing for those entitled to receive a money judgment a check corresponding to each lot for which damages were assessed less attorneys fees. You will find on the back of each check a restrictive endorsement which has been reviewed by me and approved by the Court. By signing this check you are merely acknowledging that the principal amount of the judgment owed you has been paid. Your signature on the check DOES NOT CONSTITUTE A WAIVER OF YOUR RIGHT TO YOUR SHARE OF INTEREST should the Supreme Court hold in our favor on the interest question.
As the second appeal progresses I will keep you advised.

The attorneys for the Class, in a letter dated October 16, 1979, acknowledged receipt from the Bank of cashier’s cheek(s) payable to plaintiffs “in the full amount of the principal amount of the judgment ... issued by the circuit court ... on August 29, 1979.” (Emphasis added.)

The Class’s brief filed in Senn II demonstrates that the parties knew the payments of August 29, 1979, constituted payment of the basic judgments (principal) in full and agreed to the same. Point II of that brief states:

Judicial economy necessitates the raising of the instant point. Defendant chose to pay the principal portion of the judgment on August 29, 1979, the day it was entered. As of that date the interest due on the amount of the principal paid was $207,007.69 which is the amount in dispute here. Had defendant chosen to pay the interest as it should have when it paid the principal the plaintiff class members would have enjoyed their share of it. However, by the actions of the defendant, the plaintiff class members have been denied the use of the money due them.

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Bluebook (online)
630 S.W.2d 571, 1982 Mo. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/senn-v-commerce-manchester-bank-mo-1982.