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First Wyoming Bank, Etc. v. First Nat. Bank

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eBook details

  • Title: First Wyoming Bank, Etc. v. First Nat. Bank
  • Author : Supreme Court of Wyoming
  • Release Date : January 11, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Robert L. Barker, June Barker and Darryl Barker were joint owners of a passbook savings account at appellant-defendant bank. Darryl Barker obtained a $10,000.00 loan from appellee-plaintiff bank and assigned the savings account as partial security for the loan. At the time the loan was made, Mr. Holt, one of appellees employees, telephoned Mr. Spielman, one of appellants employees, and verified the existence of the savings account and that it had a balance of $4,181.90. Holt also advised Spielman that the loan was being made and that the savings account was being assigned to appellee. Holt also sent a letter to Spielman in which he advised that the savings account was being accepted as partial collateral on a loan and requested that Page 470 withdrawals not be permitted from the savings account unless appellee authorized otherwise in writing. Holt gave a copy of the assignment to a secretary to be enclosed with the letter, but he testified that it was possible that it was not enclosed. Spielman testified that the assignment was not received, and his reply letter suggested that Holt "secure said savings account in writing from Mr. Darryl L. Barker" if he had not already done so. Spielman also advised in the reply letter that "a hold" had been placed on the savings account, but that "[w]e do not, however, guarantee or hereby accept any liability for said savings account."


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