Missouri Court of Appeals, Western District / Dec 18, 2018
Brent Alan Loutzenhiser vs. Kathleen Louise Best
Brent Loutzenhiser sued Kathleen Best, alleging money had and received, unjust enrichment, and seeking a constructive trust for funds Best transferred from a joint bank account to her individual account. The trial court found in favor of Best on Loutzenhiser's claims. On appeal, Loutzenhiser argued the trial court misapplied the law regarding joint account ownership and that the judgment was against the weight of the evidence. The appellate court affirmed, holding that during the parties' lifetimes, the real intention of the parties governs the use of joint account funds, and the trial court's judgment was not against the weight of the evidence.