HUTCHINSON NATIONAL BANK V. BROWN, 753 P.2d 1299 (1988) CASE BRIEF

HUTCHINSON NATIONAL BANK V. BROWN

753 P.2d 1299 (1988)

NATURE OF THE CASE: This was an appeal from a declaratory judgment.

FACTS: Harry Brown purchased a $15,000 certificate of deposit at Hutchinson National Bank (P). It was issued in the name of him and his wife Ida as joint tenants. The grandson of Harry applied for a loan and Harry agreed to pledge the certificate of deposit. Harry died six months later. Two years later the grandson applied for bankruptcy and P sued Ida (D) for the security pledged. The district court ruled that the pledge of the certificate did not sever the joint tenancy and that D had no duty to inform P that she did not consent and the certificate passed to D free and clear on Harry's death. Judgment was given D. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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