Citibank, F.S.B. v. Moll

By Judge Dennis J. Smith

The case before the Court involved Plaintiff Citibank’s request for repayment of money mistakenly paid to Defendant Audrey Moll. At the conclusion of the trial on June 26, 1996, the Court took under advisement all issues regarding application of the doctrine of mistake in fact and changed circumstances. The Court has fully considered counsels’ briefs and submissions.

The following relevant facts were established to the Court at trial. In early October, 1994, Defendant contacted Citibank regarding various accounts she and her husband (from whom she was then separated)…