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Portia Moot owed $400 to her landlord, John Clark, so she handed him a check on the first of the month when they met in
Portia Moot owed $400 to her landlord, John Clark, so she handed him a check on the first of the month when they met in the lobby. John thought he had put it in his pocket, but in reality it had fluttered to the floor, where it was discovered by Harry Villain, another tenant of the building. Harry took the check down to No Questions Check Store and asked the manager to cash it for him, pretending to be John Clark, whose name he had forged to the back of the check. The manager then gave Harry $400, stamped "No Questions Check Store" under the forgery, and deposited the check in the account the store carried at Merchants Bank. Merchants Bank presented the check to Octopus National Bank, the drawee bank, and was paid. A week later, John Clark searched everywhere for the check. Finally he went back to Portia and told her he had lost it. By this time an image of the check had been returned to Portia by Octopus National Bank as part of her monthly bank statement. Portia showed it to John, and he positively declared that his signature on the back of the check was a forgery. Portia, a law student with a good grasp of the forgery rules of the Uniform Commercial Code, knew just what to do. She wrote him another check and then went down to Octopus National Bank. (a) Can she make Octopus National Bank recredit her account? What is her theory? See 4-401. (b) Octopus National Bank has made final payment on this check, and, as we saw in the last chapter, that ends its ability to dishonor
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