Question
Jonathan Webster owns a constructioncompany, the Webster Inc., in Houston, Texas. The Webster Inc. uses a computer that controls its check-writing machine which was programmed
Jonathan Webster owns a constructioncompany, 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 Stephensen's 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.
- What could Stephenson be accused of (in civil court)?(hint there are at least 2 civil actions - name 2) and discuss why you think he's guilty of them.
- What would Main Street Bank argue as to the reason they aren't liable?Why?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started