Alexander & Jones v. Sovran Bank, N.A.

WILKINS, Circuit Judge:

Sovran Bank, N.A. (Sovran) appeals from the judgment of the district court affirming the decision of the bankruptcy court in an action by Alexander & Jones to determine ownership of a checking account.1 Because we conclude that commingling of funds rendered the account a general account, we reverse.

I

In March 1988 a checking account was established at Sovran in the name of Nat Warren Contracting Co., Inc. (Nat Warren). Rosa M. Alexander, a general partner in Alexander & Jones, and Dennis L. Harris, a Nat Warren employee, were the authorized signatories. The initial…