United States v. Hibernia National Bank, Defendant-Third Party Plaintiff-Appellant-Cross v. Joseph M. Rault, Jr., Third Party Defendant-Appellee-Cross

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Both parties appeal from the district court’s order on remand finding Joseph Rault, Jr. personally liable to Hibernia National Bank for $139,138.18, part of a sum that Hibernia erroneously credited to Rault Petroleum Corporation’s account. Rault disputes liability, arguing that the trial court erred by finding that he had a duty to escrow the remaining overcredit funds once he discovered the error. Hibernia contends that the district court erred by basing its damage award on the funds remaining in the account on March 31, 1989. For reasons stated below,…