Capital City Second National Bank v. Peavy & Son Construction Co.

SMITH, Judge.

Capital City Second National Bank (Bank) appeals the summary judgment in favor of Peavy & Son Construction Company, Inc. (Peavy) in the Bank’s action against Peavy for failure to pay the Bank monies due under an account receivable, after the account receivable had been assigned to the Bank. The trial court ruled that the Bank could not recover because it had failed to notify Peavy of the assignment. We find that genuine issues of material fact remain whether Peavy had actual notice of the assignment and reverse.

The Bank loaned approximately $18,000 to Pioneer III Corporation…