Mcfarland v. Citibank

Citibank (South Dakota), N.A. (Citibank) sued McFarland to recover unpaid credit card debt. In its petition, Citibank alleged that both parties entered into an agreement for a credit account and that pursuant to the express terms of the agreement, McFarland was responsible for all charges placed on the account by persons permitted or who had access to the credit card or account number. Citibank alleged that McFarland used the account to make purchases of goods and/or services and/or to receive cash advances. Citibank alleged that in accordance with the agreement, it billed McFarland for payment of the charges on the account, but McFarland defaulted in making the payments required by the agreement. Citibank asserted four alternative causes of action: (1) "breach of contract/written or implied-in-fact," (2) "breach of oral contract," (3) "account stated" and (4) "restitution, common law debt, assumpsit, money had [sic] and to remedy defendants unjust enrichment." McFarland generally denied the allegations.