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MILES v. HANTEN

No. 10525.

164 N.W.2d 601 (1969)

Lowell W. MILES, Plaintiff and Respondent, v. Geraldine M. HANTEN, Defendant and Appellant, and Dakota State Bank, Defendant and Respondent.

Supreme Court of South Dakota.

February 3, 1969.

Attorney(s) appearing for the Case

Willy, Pruitt & Matthews, Gene E. Pruitt, Sioux Falls, for Geraldine M. Hanten, defendant and appellant.

Marvin K. Bailin and F. Fred Fischer, of Christopherson, Bailin, Wilds & Bailey, Sioux Falls, for Lowell W. Miles, plaintiff and respondent.

Carl W. Miller, Flandreau, for Dakota State Bank, defendant and respondent.

RENTTO, Judge.

This is another case involving a joint bank deposit. The dispute presented is between the heir of the depositor who created the account and the one whom he designated as a joint payee.

In this litigation Lowell W. Miles seeks to recover the amount payable under a savings certificate issued to Gerald Miles by the defendant bank on July 1, 1963 and made payable to the order of himself or Lowell Miles. The other defendant is the daughter of Gerald...

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