Walker v. Community Bank

KENNEDY, Justice.

The plaintiff appeals from a summary judgment entered in favor of the defendant, Community Bank of Blountsville.

On February 4, 1989, the defendant issued a cashier’s check in the amount of $80,000 payable to “Billie H. Wray, LaQui-ta O. Wray and C.D. Walker.” The check was funded from the proceeds of a loan from Community Bank to the Wrays; repayment of that loan was secured by a mortgage on a piece of real property transferred to the Wrays by the plaintiff, C.D. Walker.

Community Bank delivered the check to the Wrays, but the check was never delivered to Walker. Walker’s name…