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BANK/FIRST CITIZENS v. CITIZENS AND ASSOC.

82 S.W.3d 259 (2002)

THE BANK/FIRST CITIZENS BANK, v. CITIZENS AND ASSOCIATES.

Supreme Court of Tennessee, at Knoxville.

July 19, 2002.

Attorney(s) appearing for the Case

Charles W. Kite, Sevierville, Tennessee, for the appellant, Citizens and Associates.

George N. McCoin and Thomas F. Bloom, Cleveland, Tennessee, for the appellee, The Bank/First Citizens Bank.

OPINION

WILLIAM M. BARKER, J., delivered the opinion of the court, in which FRANK F. DROWOTA, III, C.J., and E. RILEY ANDERSON, ADOLPHO A. BIRCH, Jr., and JANICE M. HOLDER, JJ., joined.

This case involves the application of Tennessee Code Annotated section 47-3-406 to determine who bears the loss of a bank's acceptance of forged instruments. The drawer issued three checks payable to a mortgage company and delivered these checks to a branch manager of that...

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