James Drumm and Debra Brading were dating and lived together on and off for several years. Drumm was providing financial support to Brading. Brading had written numerous checks on Drumm's checking account and had access to his corporate credit cards. However, she was not an authorized signator on either his checking or savings accounts. After one particularly ugly fight between the two on July 3, 2000, Brading went to the National City Bank and withdrew $314,000 from Drumm's individual savings account.
She did so by approaching a teller, giving her Drumm's account number and electronic personal identification number (PIN), and providing the teller with a driver's license bearing the name Debra Brading along with a Racquet Club membership identifying her as Debra Drumm. She was also wearing a $20,000 diamond ring, which appeared to be an engagement ring. On the basis of these facts, a teller allowed the transaction. Drumm brought suit against National City Bank for breach of contract for allowing an unauthorized transfer of funds from his account. Is National City Bank liable to Drumm?

  • CreatedJuly 16, 2014
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