Summary of State v. Langford, ct of App Louisiana 1985

Facts:  Df opened a NOW account with the bank by depositing $5362. The account was erroneously assigned a code for unlimited overdrafts.  The df attempted to secure a loan for $225,000 but was denied.  He then wrote several checks, over a period of month, which overdrew the account $848,879.  The bank noticed the df everyday of the overdrafts.  At the end of the month he was sent a statement.  Df never attempted to alleviate negative balance.

Issue: Whether the bank’s mistake granted consent to the df to deprive the bank of money?

Holding: No

Procedure: Bench trial conviction of theft. 8 yrs hard labor.

Rule: Taking money without consent and with the intent to deprive permanently of the money id theft.

Ct. Rationale: The bank never consented to the df’s continued removal of money or his conduct.  Df only deposited $5000 and he was denied a loan for $225,000, yet he continued to write checks with the intent to deprive permanently the bank of its money.  Df received statements and overdraft notices therefor he knew a mistake was being made and could not believe these notices were invitations to keep the money.