David Maguire represented a retired railroad worker who had his accounts at a local credit union. The retired railroader had his son on a savings account authorizing him to withdraw funds in the event that the retired railroader was unable to manage his financial affairs. The retired railroader set up a separate checking account which did not have his son’s name on it.
The son ran into financial trouble and defaulted on separate obligations that he had with that same credit union. Even though the son was not listed on the checking account, the credit union withdrew all of the money from that account and applied it toward the son’s debts.
Only after David prepared a Complaint outlining a claim for conversion and breach of contract did the credit union rethink its position and repay the money to the retired railroader.