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eBook details

• Title: Mathey v. Central National Bank of Junction City
• Author : Supreme Court of Kansas
• Release Date : January 29, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The opinion of the court was delivered by This was an action instituted by appellant Emma Mathey to
recover money from appellee, Central National Bank, representing
deposits made to her personal savings account and disbursed by
the bank without written authority. Appellant will be hereinafter
referred to as plaintiff, and appellee as the bank. The case was
tried by the court and, from a judgment entered in favor of the
bank, plaintiff appeals. The pertinent facts may be stated
briefly. Plaintiff testified she opened a personal savings
account with the bank in May, 1944. Her husband was assistant
cashier of the bank. Prior to this date, plaintiff had loaned her
brother-in-law, James H. Marston, some money to buy a house. He
repaid the loan by depositing money from time to time in her
savings account. He had possession of the savings passbook.
Plaintiff had agreed to make another loan to her brother-in-law
Marston for the purpose of purchasing a house from the state
highway commission. On November 7, 1946, plaintiff's savings
passbook showed a balance of $1,600, and on that date Marston
drew a check on defendant bank, payable to the state highway
commission for the sum of $1,000. He had no funds in the bank
with which to pay the check and it was charged against
plaintiff's savings account. On November 30, Marston drew another
check for $350 for moving the house, which was also charged to
plaintiff's account. On December 27, plaintiff drew her personal
check in the sum of $50, and on January 22, 1947, a savings
withdrawal slip in the sum of $200, signed "Emma Mathey by
(husband) C.H. Mathey," was charged to her account and the amount
deposited to the account of Marston. The $200 withdrawal closed
the savings account, except an item of $17.81 interest which was
withdrawn upon the signature of plaintiff. She testified that at
no time did she authorize the bank or any of its officers to
charge her savings account with checks written by her
brother-in-law or her husband
[179 Kan. 293]
and, with the exception of the $50 and $17.81 items drawn by her,
the funds were taken from her account without either her written
or oral authority.

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