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CARTER v. RARY

No. 11047.

311 F.Supp. 1386 (1969)

Hugh P. CARTER v. J. C. RARY.

United States District Court, N. D. Georgia, Atlanta Division.

As Amended March 2, 1970.

Attorney(s) appearing for the Case

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Atlanta, Ga., for plaintiff.

Larry W. Thomason, Decatur, Ga., for defendant.

ORDER

ALBERT J. HENDERSON, Jr., District Judge.

The question in this case is whether an escrow holder became liable for the conversion of escrow funds which he transferred upon receipt of a mortgage commitment agreement, without first ascertaining that the mortgage commitment fulfilled the exact requirements, or "matched", the mortgage commitment agreement, executed in conjunction with the escrow agreement. The court holds that the escrow holder should have...

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