Harris v. Dial

In an action for money had and received, the plaintiff was awarded a judgment by the trial court. The intervenor/defendant appealed. We affirm.

Sometime during 1967, Mary Priscilla Darby had Aught Dial, the plaintiff, come to her home and sign a signature card on her checking account in her bank. The face of this card bore the signatures and addresses of both Mrs. Darby and the plaintiff. The reverse side of this card, which also bore their signatures, contained a "joint account with right of survivorship" agreement.

When Mrs. Darby became ill in 1979, plaintiff Dial began to draw blank checks…