C.B.E., Inc. v. AmSouth Bank N.A.
C.B.E., Inc. v. AmSouth Bank N.A.
Opinion of the Court
The plaintiff, C.B.E., Inc., appeals from a summary judgment entered in favor of the defendant, First National Bank of Tuska-loosa, now known as AmSouth Bank N.A.
C.B.E., Inc., contracted with the City of Thomasville, Alabama, to construct an elementary school building. C.B.E. thereafter subcontracted with Dwain Templeton of Templeton, Inc., to complete certain cabinet work and milling required on the project. In December 1987, Templeton, Inc., borrowed money from the bank and assigned its contract rights with C.B.E. to the bank. The assignment entitled the bank to all proceeds due Templeton with regard to the work done in connection with the school. In addition, the assignment specified that any overage in the amount received pursuant to the assignment would be applied to Templeton’s prior loan balance with the bank. C.B.E. was notified of the assignment by the bank and verified receipt of notice thereof shortly after the assignment was made.
In 1989, Templeton sent C.B.E. an invoice for $68,000 with regard to work done on the project. C.B.E. had the architect inspect the work and then remitted a $68,-000 check to the bank. The bank thereafter applied the check proceeds to Temple-ton’s loan balances. Almost a month later, C.B.E. learned that Templeton had not paid Garner & Associates for certain labor and materials supplied in connection with the work done. Upon learning that, C.B.E. wrote the bank, demanding that it hold the funds remitted by C.B.E. to the bank until a resolution of the matter could be reached. The bank had already disbursed the funds. Because Templeton did not pay the subcontractor and because the bank did not satisfy Garner’s demand for payment, C.B.E. paid Garner approximately $56,000 for work done plus interest, and C.B.E. thereafter sued the bank for a return of the funds.
C.B.E. contends that the bank was obligated to ensure that the work done by Templeton had been satisfactorily completed and that any subcontractors had been compensated prior to disbursing the funds. In addition, C.B.E. argues that the following language, written by C.B.E. on the back of the check to the bank, constituted a restrictive endorsement and obligated the bank to ensure that all materials had been paid for:
“By endorsement of this check payee acknowledges payment for labor, materials or both, used in construction at the following address: Thomasville Elementary School, Thomasville, Alabama.”
In the alternative, C.B.E. also argues that the check issued to the bank constituted a special deposit. We disagree with both arguments. Under the facts of this case, the bank took an assignment with regard to
As to C.B.E.’s contention that the language on the back of the check constituted a restrictive endorsement, we also disagree. The language clearly is a notation that C.B.E. had made payment to Tem-pleton regarding work done by Templeton on the job in question. The language in no way obligates the bank to ensure that all subcontractors had been paid. In fact, the bill from Garner & Associates did not come to the attention of either the bank or C.B.E. until after the check had been issued to the bank and the proceeds thereof had been applied to Templeton’s loans. The bank took the check without notice of any fraud on the part of Templeton, and the trial judge correctly entered the summary judgment in the bank’s favor.
AFFIRMED.
Reference
- Full Case Name
- C.B.E., Inc. v. Amsouth Bank N.A., as Successor to First National Bank of Tuskaloosa.
- Status
- Published