Question
Andrews and Brown hired a bookkeeper, Jenice, and gave her general authority to issue company checks drawn on SunTrust Bank so that Jenice can pay
Andrews and Brown hired a bookkeeper, Jenice, and gave her general authority to issue company checks drawn on SunTrust Bank so that Jenice can pay employees' wages and other company bills. Jenice decides to cheat her employers out of $10,000 by issuing a check payable to the Bayside Distributors, one of the suppliers of seafood and fresh local produce. Jenice does not intend for Bayside to receive any of the money, nor is Bayside entitled to the payment. Jenice endorses the check in Bayside's name and deposits the check in an account that she opened at Wells Fargo Bank in the name "Bayfood Dist. Co." Wells Fargo accepts the check and collects payment from the drawee bank, SunTrust. SunTrust charges [Digital Bean] account $10,000. Denice transfers $10,000 out of the Bayside account and closes it. [Digital Bean] discovers the fraud and demands that the bank return the money.
Evaluate which party or parties bear the loss.
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