Question
Nicholas Fredich placed an advertisement in a newspaper seeking applications for the job of bookkeeper. He then stole the rsum and identity of one of
Nicholas Fredich placed an advertisement in a
newspaper seeking applications for the job of
bookkeeper. He then stole the rsum and identity
of one of the respondents and used the persons
information to apply for a bookkeeping position
at Clean World Engineering, Ltd. After two weeks
of working at Clean World, he claimed he had an
emergency and he took several days off. Then it
was discovered that many checks were missing and
Fredich had forged the checks. Fredich had complete
access to the checks during his employment
at Clean World. Some of these forged checks were
deposited into a bank and paid by MidAmerica
Bank. MidAmerica did not contest the fact that it
paid the checks bearing the forged signatures, but it
argued that Clean World did not exercise ordinary
care. Given these facts, who should bear the loss,
MidAmerica or Clean World? [ Clean World Engineering,
Ltd. v. MidAmerica Federal Savings Bank,
341 Ill. App. 3d 992, 793 N.E.2d 110 (2003).]
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