Marshall v. Nelson

On Application for Rehearing in Case 1910762

The opinion of April 9, 1993, is withdrawn and the following is substituted therefor.

James W. Davis died on May 7, 1989. After his death, AmSouth Bank allowed Dorothy L. Davis, the widow, to withdraw $35,000 from an account. Mary E. Nelson, daughter of the deceased, sued AmSouth Bank, First National Bank of Mobile Division ("AmSouth"), seeking to recover the $35,000, alleging that AmSouth had improperly paid two checks totalling that amount to Dorothy L. Davis and alleging that the account from which the checks were paid was a demand deposit…