Johnson v. First National Bank

Smith, Justice.

Mr. Hugh Johnson, Jr. sued Mrs. Martha Johnson Miller and the First National Bank of Rome, co-executors of his father’s estate, for an accounting, punitive damages, and attorney fees. At the close of the plaintiff’s evidence, the trial judge directed a verdict for the defendants. Based on the following facts, which all parties have adopted, we reverse.

Mr. Hugh Johnson, Sr., father of the plaintiff and Mrs. Miller, opened a checking account at First National on November 23, 1973. On July 19, 1974, the checking account was changed to a joint account in the names of Mrs. Miller…