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SMITH v. AMERICAN BANK & TRUST CO.

No. WD 32722.

639 S.W.2d 169 (1982)

Kenneth R. SMITH, Appellant-Respondent, v. AMERICAN BANK & TRUST CO., Appellant-Respondent, v. Richard Lee SMITH and Lola Smith, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied August 31, 1982.

As Modified September 2, 1982.

Attorney(s) appearing for the Case

Joseph R. Colantuono, Kansas City, for appellants.

John M. Edgar and Stephen J. Owens, Kansas City, for appellant-respondent American Bank & Trust Co.

Jack C. Terry and Paul R. Mudd, Kansas City, for appellant-respondent Kenneth R. Smith.

Before KENNEDY, P. J., and CLARK and MANFORD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied August 31, 1982.

KENNEDY, Presiding Judge.

American Bank & Trust Company erroneously, as it is alleged, paid out $17,718.45, the balance in the account of their deceased depositor, Lee Roy Smith, to Richard, the decedent's son. Richard had formerly been a joint tenant with decedent on the account, but had been removed by the decedent, according to plaintiff's theory, and had been...

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