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CENTURY CONST. CO. v. BANCORPSOUTH BANK

No. 2011-CA-01853-COA.

117 So.3d 345 (2013)

CENTURY CONSTRUCTION COMPANY, LLC, Appellant, v. BANCORPSOUTH BANK, A Mississippi Banking Corporation, Appellee.

Court of Appeals of Mississippi.

June 11, 2013.

Attorney(s) appearing for the Case

Ken R. Adcock , Carthage, attorney for appellant.

James Patrick Caldwell , Tupelo, Kevin B. Smith , Christopher Royce Shaw , Jackson, attorneys for appellee.

EN BANC.

LEE, C.J., for the Court:

¶ 1. This appeal arises from Century Construction Company LLC's claim against BancorpSouth Bank for negligence, breach of warranty, and wrongful conversion as a result of almost $500,000 in checks having been forged by Century's bookkeeper from its corporate checking account with BancorpSouth. BancorpSouth moved for summary judgment, arguing that the deposit agreement signed when Century opened the checking account contained a sixty...

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