Credit Union's defamation judgment against woman who published alleged theft from account is overturned.
Barbara J. Smith argued that the Michigan First Credit Union stole $40,000.00 from her account, and produced a bank document that appeared to support her claim. The Credit Union argued that the document was a forgery and that the money was never deposited in Smith's account. The trial court dismissed Smith's action, despite her evidentiary claim that she had deposited the money and it had been taken without her permission. The Court of Appeals sent the case back to the lower court for a jury to decide, noting that Smith's testimony created a question of fact and credibility to be resolved by the jury.