dissenting in part and concurring in part.
I dissent from that portion of the majority opinion which holds that defendants Wachovia and Northwestern were not entitled to summary judgment on the issue of the alleged conversion of the disputed checks. In my opinion, the forecast of evidence before the trial court conclusively showed that plaintiff had no interest in the checks, and therefore, plaintiff was not entitled to recovery on its theory of conversion. See Builders, Inc. v. Trust Co., 45 N.C. App. 46, 262 S.E. 2d 338 (1980).
I concur in all other aspects of the majority opinion.