Miles v. Bank of Commerce

Plaintiff maintained a joint checking account with her husband at the defendant bank. She also maintained two savings accounts -at the same bank. On October 20, 1971, plaintiff drew a check on her checking account in the sum of $1,350 and cashed same. As a result of this payment and other checks paid by the defendant, there was an overdraft of $1,332.38 in plaintiff’s checking account. The defendant bank thereupon applied the moneys totaling $1,350 in the plaintiff’s savings accounts to the checking account and notice thereof was given to the plaintiff.

This action was brought by the depositor…