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Crosby v. Kendall

Any error in the trial court's charge that an attorney acting as an escrow agent must meet the standards of the legal profession was harmless because the evidence demanded a finding that the defending attorney violated his fiduciary duty as an escrow agent.

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This lawsuit arose from a series of financial transactions in which the appellees1 loaned money to certain corporations2 for use in purchasing, renovating and selling residential real estate. From 1991 through the end of 1995, the appellees made approximately 120 loans to the corporations, 64 of which were the subject of the appellees’ lawsuit.

Samuel Les Caldwell controlled these corporations and made the vast majority of the business decisions for these entities. James Babb, a bookkeeper, acted as an agent for the corporation, and his duties included recruiting investors and serving as a liaison between Caldwell and the investors. Marc Slavny and Marci Caldwell had smaller roles in the corporations. Appellant David Crosby, an attorney and part-time DeKalb County magistrate, served as an escrow agent for some, but not all, of the loan transactions. With the exception of Crosby, all of the above-named individuals and corporations settled prior to trial.

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