Ludwig v. Montana Bank and Trust Co.

I do not find in the record any evidence justifying the action of defendant in depositing the checks aggregating the sum of $26,700 in the joint account of Mrs. Ludwig and Mrs. Hutchison thereby making it possible for Mrs. Hutchison to withdraw the fmids. The only evidence on the point as to the extent of the authority of Mrs. Hutchison to act as agent for Mrs. Lud wig, which was communicated to the bank, came from defendant’s witness Fousek, its cashier. That evidence was to the effect that Mrs. Ludwig opened a joint account in the bank with Mrs. Hutchison; that Mrs. Ludwig told him that…