First Union National Bank v. First Citizens Bank & Trust Co.

HUFF, Judge:

In this civil action, Jay Crull asserted his state and federal constitutional rights against self-incrimination as the basis for his refusal to answer discovery requests from First Citizens Bank and Trust Company of South Carolina (“First Citizens”). The trial court held Crull in contempt. We reverse.

FACTS

On April 1,1998, First Union National Bank (“FUNB”) sued First Citizens for wrongful dishonor and conversion, alleging First Citizens wrongfully stopped payment of a series of cashiers’ checks, refused to pay or return sight drafts, and caused the Federal Reserve to charge FUNB…