McFadden v. McFADDEN

This is an action to recover $10,000 alleged to have been wrongfully appropriated by the defendants. The plaintiff and her deceased husband held $10,000 in a joint bank account. Upon the death of her husband, the plaintiff came into possession of the $10,000 as the surviving owner of the bank account. In her complaint she alleged that the defendants wrongfully obtained the money from her.

The sole question in this case is whether a wife who is the surviving owner of a joint bank account is barred by a judment in a former action between her late husband’s personal representative and the…