RAINSVILLE BANK v. WILLINGHAM

83-913.

485 So.2d 319 (1986)

RAINSVILLE BANK v. John WILLINGHAM and Joan Willingham.

Supreme Court of Alabama.

Rehearing Denied March 7, 1986.


Attorney(s) appearing for the Case

William D. Scruggs, Jr. and Michael L. Brownfield, Fort Payne, for appellant.

John Baker, Montgomery, for appellees.


ALMON, Justice.

This is an action for conversion and fraud. The jury awarded $125,000 to the plaintiffs. The trial court granted a remittitur of $25,000. The source of the controversy is an attachment by the defendant bank of funds deposited by one of the plaintiffs.

In January of 1981 John and Joan Willingham filed a petition in bankruptcy under Chapter 13 of Title 11, U.S.C. Among their creditors was the Rainsville Bank, which held two notes they had executed...

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