Rivera v. Central Bank & Trust Co., 20908
| Decision Date | 31 August 1964 |
| Docket Number | No. 20908,20908 |
| Citation | 155 Colo. 383,395 P.2d 11 |
| Parties | Jennie RIVERA, Plaintiff in Error, v. CENTRAL BANK AND TRUST CO., Defendant in Error. |
| Court | Colorado Supreme Court |
Cisneros & Huckeby, Denver, for plaintiff in error.
No appearance for defendant in error.
Does the complaint filed in this case state a claim upon which relief can be granted? The trial court held that it did not, and granted the Bank's motion to dismiss. It is this action of the trial court which is the subject of review by this writ of error.
In substance, Jennie Rivera alleged that she had a savings account in the Bank, for which she was issued a passbook; that the passbook contained the rules and regulations regarding deposits and withdrawals, and that Rule 12 provided:
'No withdrawals permitted by any other person than depositor unless said depositor shall execute a power of attorney on a form provided by the bank and made a part of the records of the bank.'
She further alleged that Jessie Antuna was her tenant; that she made a written demand upon said tenant for arrearages in rent of $300.00; that Jessie Antuna, knowing of the existence of said savings account, presented the demand to the Bank, and that the Bank permitted a withdrawal of $300.00 by Jessie Antuna, whereupon the latter sent the said $300.00 to Jennie Rivera, who credited Jessie Antuna with having paid such sum.
Jennie Rivera alleged further that said withdrawal was made without her knowledge or authorization, and that it was accomplished without the necessary passbook or power of attorney; that when she learned of the unsanctioned withdrawal she made damand upon the Bank for reimbursement of the $300.00 but her demand was refused.
She concluded by charging that the transaction was attended by circumstances of reckless and wanton disregard of her rights and privileges, for which she is entitled to exemplary damages. Her demand for damages, actual and exemplary, and for costs and interest followed.
We believe that Henderson v. Greeley Nat'l Bank, 111 Colo. 365, 142 P.2d 480, is controlling precedent. There this Court in effect held that a complaint for damages stated a claim for relief when it contained allegations of the relationship between bank and depositor, and that the defendant bank had disbursed funds of the plaintiff depositor without the latter's authority and in violation of the agreement between them.
7 Am.Jur. p. 360, § 506, was quoted with approval in the cited case. We again have recourse to the quotation:
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