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EQUITABLE LIFE ASSUR. SOC. OF U.S. v. OKEY

Nos. 86-3512, 86-3519.

812 F.2d 906 (1987)

EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellee, v. Charles L. OKEY, III; First Citizens Bank & Trust Company of South Carolina; National Bank of South Carolina; Rock Hill National Bank; Citizens & Southern National Bank of South Carolina; Bankers Trust of South Carolina and Southern Bank & Trust Company, Defendants, and First National Bank of South Carolina, Appellant. EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant, v. Charles L. OKEY, III; First Citizens Bank & Trust Company of South Carolina; National Bank of South Carolina; Rock Hill National Bank; Citizens & Southern National Bank of South Carolina; Bankers Trust of South Carolina and Southern Bank & Trust Company, Defendants, and First National Bank of South Carolina, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1987.

Attorney(s) appearing for the Case

Elizabeth A. Carpenter (Manton M. Grier, Boyd, Knowlton, Tate & Finlay, P.A., L. Henry McKellar, S.C. Nat. Bank, on brief), for appellant.

Michael S. Church, W. Duvall Spruill (Turner, Padget, Graham & Laney, on brief), for appellee.

Before PHILLIPS and SPROUSE, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

Equitable Life Assurance Society (Equitable) brought U.C.C. conversion and common law negligence claims against First National Bank of South Carolina (First National), based on First National's acceptance for deposit of checks made payable to Equitable, upon the unauthorized indorsement of Equitable agent Charles Okey. On the same basis, Equitable asserted U.C.C. conversion claims against...

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