GREAT SOUTHERN NAT. BANK v. MINTER

No. 90-CA-116.

590 So.2d 129 (1991)

GREAT SOUTHERN NATIONAL BANK and Bank of Hattiesburg v. Sue Lewis MINTER, Conservator of the Estate of Sylvia Slade Lewis.

Supreme Court of Mississippi.

November 20, 1991.


Attorney(s) appearing for the Case

S. Robert Hammond, Jr., Nancy E. Steen, Bryant Colingo Williams Clark Ramsay & Hammond, Hattiesburg, for appellant.

Shirley Payne, Dennis L. Horn, Horn & Payne, Jackson, for appellee.

En Banc.


BANKS, Justice, for the Court:

I

This case presents the question of whether a bank is liable where it accepts for deposit to an attorney's trust account, on the attorney's endorsement, checks made payable to an estate, in care of, or "c/o", the attorney where the attorney is in fact the conservator of the estate and where the attorney subsequently misappropriates proceeds from the account including the proceeds of the checks in question. We hold that, without...

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