A St. Clair County bank accused of wrongfully allowing another to collect money from a deceased man’s account has denied allegations brought against it and demanded a trial by jury on Oct. 21.
According to the complaint filed on Sept. 19, plaintiff Eddie Bass claims the recently deceased Eli Burrell Jr. purchased a cashier’s check for $61,066.65 before he died on Sept. 23, 2010. The check was supposed to be payable to either Eli Burrell Jr., Willie Burrell or defendant Ethel Randolph, the suit claims.
On Sept. 24, 2010, Randolph went to defendant Associated Bank in St. Clair County with a copy of a different cashier’s check belonging to Burrell and attempted to withdraw the money from the account. However, she was told by bank employees that the check had already been cashed. They informed her of the $61,066.65 check Burrell purchased and helped her obtain the money by completing a “Declaration of Loss” and an “Affidavit and Indemnity Agreement for Issuance of Replacement of Lost Check,” the suit states.
Bass claims Associated Bank employees should never have allowed Randolph to withdraw the money from the account because she allegedly had no knowledge of the cashier’s check. He contends he has a right to the money from the check – not Randolph.
Associated Bank responded to the complaint through attorneys Terese A. Drew and Christopher M. Garcia of Hinshaw& Culbertson LLP in St. Louis.
It also filed five affirmative defenses against Bass claiming he failed to state a claim upon which relief can be granted. It also claims any damages alleged were caused by the conduct of others, including Randolph and Eli Burrell Jr.
The plaintiff responded to Associated Bank’s affirmative defenses on Oct. 25 denying the allegations.
Bass seeks the value of the check and court costs.
Kevin Boyne of Belleville is representing Bass.
St. Clair County Circuit Court case number 13-L-481