Arnold v. Citizens Bank

Hall, Judge.

The defendants appeal from the judgment of the trial court granting the plaintiff’s motion for summary judgment. The petition of the plaintiff bank alleged: The defendants, husband and wife, had a checking account “payable to either or the survivor.” Through error the bank made two deposits to the defendants’ account, which should have been made to the account of another depositor. The defendants drew checks on their account to the extent that the funds erroneously deposited were converted to the defendants’ own use. The bank reimbursed the depositor to whose account the deposits…