Smith v. American Bank & Trust Co.

KENNEDY, Presiding Judge.

American Bank & Trust Company erroneously, as it is alleged, paid out $17,718.45, the balance in the account of their deceased depositor, Lee Roy Smith, to Richard, the decedent’s son. Richard had formerly been a joint tenant with decedent on the account, but had been removed by the decedent, according to plaintiff’s theory, and had been replaced by decedent’s brother, Kenneth R. Smith, who is the plaintiff in the present case.

Kenneth brought suit against the bank to recover the $17,718.45, so paid out on Richard’s order. After a jury trial, the jury awarded Kenneth…