DAVIS v. MILLER BUILDERS & DEVELOPERS, INC.

No. 13083.

340 So.2d 409 (1976)

Jackson B. DAVIS, Plaintiff-Appellant, v. MILLER BUILDERS & DEVELOPERS, INC., Defendant-Appellee, and Commercial National Bank et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

December 6, 1976.


Attorney(s) appearing for the Case

Mayer, Smith & Roberts by Ronald R. Inderbitzin, Shreveport, for plaintiff-appellant and St. Paul Fire & Marine, intervenor, defendant in reconvention-appellant.

Bodenheimer, Jones, Klotz & Simmons by J. W. Jones, Shreveport, for Pioneer Bank, defendant, third party plaintiff-defendant, plaintiff in reconvention-appellant.

Cook, Clark, Egan, Yancey & King by Edwin L. Blewer, Jr., Shreveport, for Commercial National Bank, defendant, third party plaintiff-defendant, plaintiff in reconvention-appellant.

Gallagher & Gallagher by John Gallagher, Shreveport, for Miller Builders, defendant, third party defendant-appellee.

Before BOLIN, HALL and MARVIN, JJ.


MARVIN, Judge.

This suit arises from errors committed by an employee of an attorney and by two banks through which an unendorsed check was paid by the drawee bank. All parties except the recipient of the largess coming from these errors appeal.

In January, 1974, Plaintiff Davis, an attorney, closed a loan for the purchase of a residence from Miller Builders & Developers (Miller). The attorney disbursed by checks to several payees, the proceeds of the sale...

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