First Southern Bank v. C & F Services, Inc.

Phipps, Judge.

This is the second appearance of this case before us. A contractor, C & F Services, Inc. (“C & F’), sued Milton Brown, a homeowner, and First Southern Bank (“the Bank”) for breach of contract, negligence, fraud, and other claims arising from Brown’s forgery of an endorsement on an insurance check and the Bank’s attempts to avoid liability for releasing the proceeds to Brown. In the course of the first trial of C & F’s action, a trial court excluded much of the evidence concerning the forgery and its immediate aftermath as irrelevant to C & F’s breach of contract claim, after…