Hawkins v. Webster

BECTON, Judge.

The question before us is whether the trial court properly dismissed plaintiffs claims under Rule 12(b)(6).

I

The background to the present lawsuit follows. In July 1981, plaintiff Olin Hawkins, past president of United Citizens Bank (hereafter “the Bank”) was convicted in federal court of five counts of banking violations, three of which related to Hawkins’ allowing defendants Richard Webster and Benny Church to sign notes made payable to a J. R. Richards, when Hawkins knew that defendants were signing the notes. In January 1983, the Bank filed two civil lawsuits, in one of which…