United States National Bank v. Miller

Plaintiff, the personal representative of the estate of Hazel Lipe, brought an action for money had and received against defendants, who are husband and wife. The trial court granted defendants’ motion for summary judgment. We reverse and remand.

We draw the facts from the affidavits and depositions in the record. Mrs. Lipe died in December, 1981, at the age of 94. Mrs. Miller had met her in February, 1975. At that time, Mrs. Miller worked for a travel company, and it was recommended that she contact Mrs. Lipe, because she might know of many people in her apartment building who would be…