Schierenberg v. Hodges

John H. Schierenberg, Jr., appeals from an order entering summary judgment for the defendants, Oral Hodges and The First National Bank of Oswego, Kansas, in an action to recover money which plaintiff claims was fraudulently withdrawn from one “joint savings account” and deposited in another. For the most part the facts are not disputed.

John H. Schierenberg, Jr., and Aleñe Schierenberg were husband and wife. They were separated and lived apart during the last ten years of Alene’s life. On January 16, 1970, and during the separation, John and Aleñe opened a “joint savings account,” No. 3499, in…