Question
Marie hired an attorney, James, to collect money she was owed. When James received the check payable to Marie for $26,676.16, he forged her indorsement
Marie hired an attorney, James, to collect money she was owed. When James received the check payable to Marie for $26,676.16, he forged her indorsement and deposited the check in his own account at the bank. He later withdrew the entire amount. Is the bank liable to Marie? Strategy: Checks go astray in two ways: Either someone transfers the check on purpose (to the wrong person or for the wrong reason, but nonetheless, on purpose) or someone steals the check. Whenever the check is stolen, it is conversion. In the case of conversion, the rightful owner can recover from either the thief or the bank that pays the check.
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