Citibank, N.A. v. Warner

OPINION OF THE COURT

Edward J. Greenfield, J.

Our patron saint of frugality, Benjamin Franklin, commented in Poor Richard’s Almanac that “A penny saved is a penny earned.” How much more delightful it is to save your pennies on someone else’s earnings!

Plaintiff bank sues the defendant, one of its depositors, for willful conversion and for money had and received as a result of sums mistakenly credited to the defendant’s account. Defendant interposes as affirmative defenses “absence of contributory negligence” and reliance on the bank’s negligent acts to her detriment. Evidently, the law firm…