Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

Exercise 10

FACTS In June, three armed men entered and robbed the First State Bank of Eubank, Kentucky, of $30,000. Acting on information supplied by four employees of the bank, Denney, Buis, McCollum, and Snyder, three law enforcement officials apprehended the robbers. Two of the arresting officers, Godby and Simms, were state policemen, and the third, Reppert, was a deputy sheriff in a neighboring county. All seven claimed the reward for the apprehension and conviction of the bank robbers. The trial court held that only Reppert was entitled to the reward, and Denney appealed.
DECISION Judgment affirmed.
OPINION Myre, J. 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. ***
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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 duty to protect and conserve the resources and moneys 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 identification of the robbers, they performed a duty to the bank and the public, for which they cannot claim a reward.
State Policemen Garret Godby, Johnny Simms, and [deputy sheriff] 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 *** 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 award.
***
It is manifest from the record that Tilford Reppert is the only claimant qualified and eligible to receive the reward. Therefore, it is the judgment of the circuit court that he is entitled to receive payment of the $1,500.00 reward now deposited with the Clerk of this Court.
INTERPRETATION The law does not regard the performance of a preexisting duty as either a legal detriment or a legal benefit.
ETHICAL QUESTION Did the court treat all the parties fairly? Explain.
CRITICAL THINKING QUESTION Do you agree with the preexisting duty rule? Explain.