Citibank (South Dakota), N.A. v. Mincks

JEFFREY W. BATES, Judge.

Citibank (South Dakota), N.A. (“Citibank”) sued defendant Mary Mincks (“Mary”) for breach of contract after Mary refused to make any further payments on her Citibank credit card account. 1 Mary defended on the ground that: (1) the only unpaid charges on the account related to merchandise which was never delivered by the merchant; and (2) since her Citibank credit card was used to order the merchandise, she was entitled to assert the defense of non-delivery against Citibank in its action to recover the balance due on her credit card account. After a bench trial,…