CHAPTER 15 BANKS LIABILITY:

PLEASE ANSWER THE FOLLOWING QUESTIONS FOR THIS CHAPTERS ASSIGNMENT. USE TERMINOLOGY AND MATERIAL FROM THE TEXT AND/OR POWERPOINTS TO JUSTIFY YOUR ANSWERS.

Jonathan Webster owns a construction company, the Webster Inc., in Houston, Texas. The Webster Inc. uses a computer that controls its check-writing machine which was programmed to cause a check to be issued to Carr Lumber Co, which is owed money monthly by the Webster Inc. for lumber. The address of Carr Lumber Co, was programmed into the computer by Webster. Mac Stephensen was a clerk at the Webster Inc. Stephensen changed the address of Carr Lumber Co, in the computer data bank to his own address. As a result, the next check produced by the check-writing machine for $285,000 was mailed to Stephensens address. After receipt of the check at his home, Stephensen endorsed the check in the name of Carr Lumber Co,, and then deposited it into an account at XYZ Bank which Stephensen had opened in the name Carr Lumber Co, The check was later honored by the Webster Inc.s bank, Main Street Bank. Stephensen then withdrew $285,000 from his account and left town leaving a balance of $5.

1. What could Stephenson be accused of (in civil court)? (hint there are at least 2 civil actions name 2) and discuss why you think hes guilty of them.

2. What would Main Street Bank argue as to the reason they arent liable? Why?