Edwards v. Northwestern Bank

BROCK, Chief Judge.

In his appeal from the summary judgment in favor of The Northwestern Bank (Bank) the Receiver argues three propositions:

1. That the Bank failed to show that there was no genuine issue as to any material fact and that it was entitled to judgment as a matter of law with respect to the Receiver’s assertion that the Bank permitted the fiduciary of Durham Wholesale to divert and misapply $250,000.00 of corporate funds with actual knowledge that the fiduciary was committing a breach of his obligation, or with knowledge of such facts that the Bank’s action in paying the check…