Question
Jack visited Sam, the owner and operator of a store that sold estate jewelry. After viewing the merchandise, he selected a fine piece of jewelry
Jack visited Sam, the owner and operator of a store that sold estate jewelry. After viewing the merchandise, he selected a fine piece of jewelry for his wife and issued a check to Sam for $1,800 (Pay to the Order of Sam) Later, Sam placed the check in his jacket pocket and went to LA Fitness to workout and in the course of changing clothes, the check dropped out of his pocket and on to the floor. The unendorsed check was discovered by Barry. Barry carefully changed the amount to $2,800 and negotiated it to Scott in exchange for various goods. Scott took in good faith and without notice. Later, Scott negotiated the check to Louis in satisfaction of a debt and endorsed: "Pay to Louis. Without Recourse. Scott." Louis deposited the check at his bank, Dime Savings and it was sent on to collection to Jack's bank, CHASE and paid even though Jack only had $2,000 in his checking account. Jack had an overdraft agreement for $1,000. One week later, Sam contacted Jack and related he could not find the check he received for payment for the jewelry. He requested a replacement. Jack contacted CHASE Bank and learned the check was presented for payment and paid for $ 2,800. Jack is terribly upset about the entire situation and consults you about his rights and the rights of all parties. He wishes to know "do I have to issue another check to Sam? If so, what do I do next?" DISCUSS.
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