Johnson v. Shirley

This is an appeal by the plaintiff, Mrs. Johnnie M. Johnson, from an order granting summary judgment for defendants, L. Merrill Shirley, administrator ad litem of the estate of Gerald Johnson, and Elba Exchange Bank, in her action based on money had and received, wrongful foreclosure, conspiracy, and negligence. We affirm in part, reverse in part, and remand.

For a long time, Gerald Johnson and his wife, Johnnie, were customers of Elba Exchange Bank. Gerald operated a used car lot and carried a number of business accounts with the bank. On July 26, 1967, Mr. and Mrs. Johnson executed a…