JERRY A. KRAMER, APPELLANT,
v.
THE FIRST NATIONAL BANK OF HOMESTEAD, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Jerry Kramer appeals a summary judgment in favor of First National Bank of Homestead in an action to recover money allegedly wrongfully paid from a joint savings account. The bank successfully raised an equitable defense based on statutory provisions allowing payment to one joint depositor and the emergency circumstances surrounding the withdrawal by the minor co-depositor.
The bank was entitled to judgment because it successfully established an equitable affirmative defense based on statutory authority (Fla. Stat. §§ 656.33, 659.29) permitting payment to one joint depositor as a release to the bank, combined with the emergency circumstances and the representation that the passbook was lost.
“Said account was in the name of Plaintiff and her daughter, Karon A. Kramer, as joint tenants in joint tenancy with right of survivorship; that the funds were disbursed to Karon A. Kramer pursuant to her personal demand; that Sections 656.33 and 659.29, Florida Statutes [F.S.A.], provide that payment to one of joint depositors serves and operated as a release to the bank.”
Establishes the bank's statutory defense that payment to one joint depositor releases the bank from liability
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKramer and her minor daughter, Karon, held a joint savings account with right of survivorship. When Kramer was hospitalized and seriously ill, her dau…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Joint Tenancy With Right Of Survivorship cases and more on FLexlaw
The plaintiff, Jerry A. Kramer, appeals a summary final judgment for the defendant, First National Bank of Homestead, in an action to recover money in a joint savings account, alleged to have been wrongfully paid to the joint depositor, in violation of the bank rule that the passbook must be presented for all withdrawals. The answer of the bank contained the following affirmative defense:
"As an Affirmative Defense, the Defendant would show as follows, to wit:
“1. Said account was in the name of Plaintiff and her daughter, Karon A. Kramer, as joint tenants in joint tenancy with right of survivorship; that the funds were disbursed to Karon A. Kramer pursuant to her personal demand; that Sections 656.33 and 659.29, Florida Statutes [F.S.A.], provide that payment to one of joint depositors serves and operated as a release to the bank. Sections 656.32 and 659.28, provide that a minor can withdraw funds.
“2. That Defendant obtained the usual printed statement from-Karon A. Kramer, attesting to the fact that said passbook had been lost, strayed or stolen.
“3. Attached hereto and incorporated herein by reference thereto, is a true photostat of the following items, to wit: the passbook certification by Karon A. Kramer, the signature card showing joint ownership, and affidavit from Helen C. Ripley, sister of Plaintiff.
“4. That if Plaintiff is successful it will represent unjust enrichment.”'
The legal sufficiency of the defense was not tested by motion.
Both plaintiff and defendant moved for summary judgment. The bank submitted affidavits which established that plaintiff was in the hospital and on the seriously ill list. Her daughter, who was the joint depositor and a minor, was left in the care of an aunt. The defendant bank paid the money on deposit to the joint depositor-daughter and the aunt upon a representation that the passbook was lost, and that the money was necessary for the emergency care of the child.
We do not reach the question of whether the rule relative to passbooks could be waived by the bank and one joint depositor. See cases collected at 62 A.L.R.2d 1109. The defendant, having established without genuine issue of material fact its affirmative defense in the nature of an equitable defense, was entitled to judgment. See § 52.20, Fla.Stat., F.S.A.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brees v. First Fed. Sav. & Loan Ass'n OF Lakeland, 217 So. 2d 334 (Fla. 2d DCA 1969)…d of six months, a maintenance charge of $1.00 per month is to be made beginning six months from the date of the last entry. Rules printed on the back of this card are hereby agreed to.” In Kramer v. First National Bank of Homestead, Fla.App. 1964, 163 So. 2d 341, the Third District Court of Appeal had a case which was very similar to the one here. One, Jerry Kramer and her daughter, Karon, held a savings account in the bank as joint tenants with right of survivorship. While Jerry was in a hospital Karon dre…
-
Bernardo Miranda v. Fid. Nat'l Bank of S. Miami, 334 So. 2d 74 (Fla. 3d DCA 1976)…ny possible mistake, is without merit in that such a requirement is waivable. See 4 Fla.Jur. Banks and Trust Companies § 279 (1969) ; Mallett v. Tunnicliffe, 102 Fla. 809, 136 So. 346 (1931); Kramer v. First National Bank of Homestead, Fla.App.1964, 163 So. 2d 341. The Bank waived this requirement as the rules provided that a depositor may withdraw funds without presentation of the passbook if the prior approval of a bank officer is obtained. Further, the record demonstrates that in her deposition Martha tes…