Forged Endorsement

71 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Massa
  740 F.2d 629· 8th Cir.· 1984-08-06 ·cited 85×
  The court affirmed Massa's conviction on all counts and Skinner's conviction on all but three counts of interstate transportation of forged securities, finding no prejudicial variance and that any error in admitting coconspirator hearsay was harmless.
• Renita Penfield Nehleber v. Anzalone
  345 So. 2d 822· Fla. 4th DCA· 1977-04-29 ·cited 76×
  Renita Nehleber appeals a $2,225 judgment in favor of Mario Anzalone for negligence damages, arguing that a settlement compromise should bar the suit. The court holds that an attorney cannot compromise a client's cause of action without express authorization, and since Anzalone n
• United States v. Gallagher
  576 F.2d 1028· 3d Cir.· 1978-05-05 ·cited 75×
  The court held that the evidence was sufficient to convict the defendants of conspiracy and substantive offenses related to bank fraud, and that the trial judge's conduct did not constitute reversible error.
• United States v. Woody F. Lemons
  941 F.2d 309· 5th Cir.· 1991-08-27 ·cited 50×
  The court held that convictions on counts 3-8 were multiplicitous to counts 1 and 2, as they constituted a single execution of the bank fraud scheme. The court also found sufficient evidence for conviction on count 12 regarding a forged endorsement.
• Miami Beach First Nat'l Bank v. Edgerly
  121 So. 2d 417· Fla.· 1960-06-08 ·cited 47×
  The Florida Supreme Court held that when a bank wrongfully pays a check bearing a forged endorsement, the statute of limitations begins to run from when the depositor discovers the forgery, not from when the check was paid. This places the burden on depositors to discover forged
• United States v. Kilcullen
  546 F.2d 435· 1st Cir.· 1976-08-31 ·cited 44×
  The court held that there was sufficient evidence to support the convictions for interstate transportation of forged checks and conspiracy, and that Kilcullen's challenges to jury instructions did not constitute plain error.
• United States v. Collins
  464 F.2d 1163· 9th Cir.· 1972-03-01 ·cited 44×
  The court held that the Government failed to prove Collins converted property of the United States, as the stolen warrant belonged to the City and the bank paid with its own funds.
• Streett v. United States
  331 F.2d 151· 8th Cir.· 1964-04-28 ·cited 36×
• Perkins State Bank v. Connolly
  632 F.2d 1306· 5th Cir.· 1980-12-19 ·cited 31×
  The court held that Florida law, not federal law, governs attorney's fees in this diversity interpleader action among claimants, and Florida law does not permit recovery of attorney's fees for bad faith or under the UCC conversion statute cited. However, Florida law does allow re
• Edgerly v. Schuyler
  113 So. 2d 737· Fla. 3d DCA· 1959-06-26 ·cited 26×
  Depositors appeal a summary judgment dismissing their action against their bank for wrongfully paying a check bearing a forged endorsement. The court reverses, holding that the statute of limitations for such claims begins to run only when the depositor discovers or should have d
• Barnett Bank OF Miami Beach, N.A. v. Jules Lipp
  364 So. 2d 28· Fla. 3d DCA· 1978-10-17 ·cited 22×
  A bank customer sued a collecting bank for conversion of a $7,000 check bearing the customer's forged endorsement. The court held that a payee can recover against a collecting bank for conversion of a forged-endorsement check, and that the bank's defense of good faith collection
• Riverside Bank OF Jacksonville v. Fla. Dealers & Growers Bank
  151 So. 2d 834· Fla. 1st DCA· 1963-04-16 ·cited 22×
  This case involves a dispute over a forged endorsement on a check, with Riverside Bank suing Florida Dealers and Growers Bank (which guaranteed the endorsement) for liability. The appellate court reversed the trial court's decree that discharged Growers Bank, holding that the cas
• Rhoda Glasser v. Columbia Fed. Sav. & Loan Ass'n of Miami Shores
  197 So. 2d 6· Fla.· 1967-03-29 ·cited 18×
  The Florida Supreme Court held that a bank cannot discharge a check payable to husband and wife as tenants by the entirety based on payment to one spouse alone, even when that spouse forged the other spouse's endorsement. The court rejected the Fifth Circuit's reasoning in Bello
• McADAM v. Dean Witter Reynolds, Inc.
  896 F.2d 750· 3d Cir.· 1990-02-13 ·cited 17×
  The court held that the jury's award on the UCC counts was duplicative and unsustainable because it exceeded the plaintiff's net loss after accounting for refunds.
• United States v. Roby
  499 F.2d 151· 10th Cir.· 1974-03-13 ·cited 16×
  The court held that the evidence was sufficient to sustain the conviction for interstate transportation of falsely made securities and that the identification testimony was properly admitted.
• PAN Am. Bank OF Orlando v. Anne J. Yanow
  372 So. 2d 1126· Fla. 4th DCA· 1979-05-31 ·cited 15×
• Lund's, Inc. v. Chem. Bank
  870 F.2d 840· 2d Cir.· 1989-03-16 ·cited 12×
  The court held that summary judgment was inappropriate because genuine issues of material fact exist regarding whether Rubin's endorsement of the check was authorized for partnership business, and whether his actions made it impossible to carry on the partnership's ordinary busin
• United States Fid. & Guar. Co. v. First Nat. Bank in Dallas
  172 F.2d 258· 5th Cir.· 1949-01-11 ·cited 12×
  The court held that the insurer, as subrogee and assignee, could not recover from the bank because the depositor's election to recover from its surety barred claims against the bank, and the insurer's equities were not superior to the bank's.
• United States v. Clearfield Tr. Co.
  130 F.2d 93· 3d Cir.· 1942-07-29 ·cited 12×
  The United States can recover the amount of a check paid on a forged endorsement from the endorsee, and this right is not conditioned on prompt notice of the forgery.
• Snow v. Cary G. Byron
  580 So. 2d 238· Fla. 1st DCA· 1991-05-09 ·cited 11×
  Appellant Snow, as custodian of a minor's account at Shearson, appeals the dismissal of her complaint against Shearson and summary judgment against Southeast Bank after her ex-husband Byron fraudulently liquidated the custodial account by forging her signatures and endorsing a ch
• Delmar Bank OF Univ. City v. Fid. & Deposit Co. OF Md.
  428 F.2d 32· 8th Cir.· 1970-06-30 ·cited 10×
  The court held that the endorsements on the checks, made payable to a fictitious payee and endorsed by an agent without authorization, constituted a forgery under the terms of the Banker's Blanket Bond, and the insurer waived defenses not raised in its denial letter.
• Rhoda Glasser v. Columbia Fed. Sav. & Loan Ass'n of Miami Shores
  190 So. 2d 799· Fla. 3d DCA· 1966-10-18 ·cited 8×
  The dissenting judge believes one spouse cannot unilaterally sign the other's name on a jointly owned negotiable instrument for exclusive benefit.
• Atl. Nat'l Bank OF Jacksonville v. United States
  250 F.2d 114· 5th Cir.· 1957-12-10 ·cited 8×
  The dissenting judge would hold that the impostor rule does not apply to the government in this case, and the banks did not acquire title to the checks.
• United States v. First Nat. Bank
  131 F.2d 985· 10th Cir.· 1942-11-02 ·cited 8×
  The court held that the impostor rule applies to government checks, meaning the United States cannot recover from the bank on a forged endorsement when the check was delivered to an impostor under the mistaken belief that he was the payee.
• Carberry v. Foley
  213 So. 2d 873· Fla.· 1968-07-31 ·cited 7×
  The Florida Supreme Court reversed the District Court of Appeal's affirmance of a motion to dismiss in a case where the Diocese of Columbus bishop sued a brokerage firm and others over the misappropriation of church investment funds. The Court held that payment of a debt cannot b
• Jan and Myrtle Bloempoort v. Regency Bank OF Fla.
  567 So. 2d 923· Fla. 2d DCA· 1990-09-05 ·cited 6×
  The court held that the trial court erred in granting summary judgment for the bank, as the payees of a negotiable instrument bearing a forged endorsement are entitled to sue the drawee bank for conversion under Florida Statute § 673.419(1)(c).
• Fla. Nat'l Bank v. Isaac Indus., Inc.
  560 So. 2d 1203· Fla. 3d DCA· 1990-03-06 ·cited 6×
  The court held that genuine issues of material fact exist regarding delivery and commercial reasonableness, precluding summary judgment on the conversion claim.
• United States v. Tyson
  690 F.2d 9· 1st Cir.· 1982-09-29 ·cited 6×
  The court held that a valid check with a forged countersignature does not constitute a "falsely made, forged, altered, or counterfeited security" under paragraph three of 18 U.S.C. § 2314.
• United States v. Duncan
  527 F.2d 1278· 3d Cir.· 1975-12-23 ·cited 6×
  The court held that the statute of limitations for actions against endorsers of government checks does not apply to individuals who improperly forge endorsements to appropriate funds for themselves.
• United States v. Boone
  470 F.2d 908· 4th Cir.· 1972-12-27 ·cited 6×
  The court held that the evidence, including forged endorsements and a pattern of cashing multiple bogus checks using false information, was sufficient for the jury to infer the defendant's knowledge that the securities were forged.
• Mars v. Massanutten Bank OF Strasburg
  285 F.2d 158· 4th Cir.· 1960-12-14 ·cited 6×
  The court held that an employer's general laxity in supervising an employee does not afford a defense to a bank that accepts checks with the employee's forged endorsement.
• Commercial Credit Corp. v. Empire Tr. Co.
  260 F.2d 132· 8th Cir.· 1958-10-20 ·cited 6×
  A drawee bank is not liable for paying a check with a forged endorsement if the proceeds reached the person for whom they were intended and the depositor suffered no loss.
• United States v. Union Planters Nat. Bank & Tr. Co.
  175 F.2d 684· 5th Cir.· 1949-06-29 ·cited 6×
  The court held that the Act of March 6, 1946, bars claims of the United States arising from forged endorsements on government checks paid more than six years prior to its enactment, even if notice was given before the act but not within the statutory period.
• Robinson v. Barnett
  19 Fla. 670· Fla.· 1883-01-01 ·cited 6×
  Robinson challenges the verdict against him in a promissory note case where the plaintiff banker relied on Robinson's endorsement. The court affirms, holding that Robinson's act of writing "protest waived" over a forged endorsement, without immediately asserting the signature was
• Lawrence v. Cent. Plaza Bank & Tr. Co.
  469 So. 2d 201· Fla. 2d DCA· 1985-05-22 ·cited 5×
  Lawrence purchased a cashier's check from County Bank payable to William Morris Agency and gave it to Grogan, who deposited it in an attorney's trust account at Central Plaza Bank using a forged endorsement. The court held that the purchaser of a cashier's check, unlike the drawe
• Hotel Riviera, Inc. v. First Nat'l Bank & Tr. Co. OF Okla. City
  768 F.2d 1201· 10th Cir.· 1985-07-29 ·cited 4×
  A bank cannot assert the personal defense of failure of consideration against an endorsee of a cashier's check who had no knowledge of the fraud that led to the check's issuance.
• Tubin v. Meyer Rabin
  533 F.2d 255· 5th Cir.· 1976-06-11 ·cited 4×
  The court held that a collecting bank is liable for conversion when it pays a specially endorsed instrument over a forged endorsement.
• Newman v. Shore
  206 So. 2d 279· Fla. 3d DCA· 1968-01-09 ·cited 4×
  The court addresses whether a bank may pay a check jointly payable to husband and wife when the wife's endorsement is forged, and whether the bank's endorsers are liable. The court holds that under Florida law, both spouses must endorse jointly payable checks, and the forged endo
• Weiss v. Dist. Title Ins. Co.
  121 F.2d 900· D.C. Cir.· 1941-05-19 ·cited 4×
  The court held that even if an endorsement was unauthorized or forged, a plaintiff cannot recover if the payment ultimately satisfied his own debt and he suffered no legal injury.
• The Ocala Nat'l Farm Loan Ass'n v. The Munroe & Chambliss Nat'l Bank
  89 Fla. 242· Fla.· 1925-03-12 ·cited 4×
  A bank sought to recover funds it paid out based on forged endorsements on checks deposited by the secretary-treasurer of a farm loan association. The Florida Supreme Court reversed, holding that the farm loan association was not liable because the secretary-treasurer acted outsi
• Attorney's Title Ins. Fund, Inc. v. Regions Bank
  491 F. Supp. 2d 1087· S.D. Fla.· 2007-04-11 ·cited 3×
  Attorney's Title Insurance Fund sought to recover $180,926.11 from Regions Bank for paying a check over forged endorsements in a fraudulent real estate transaction. The district court held that under Florida Statutes § 673.4201, a payee cannot bring a conversion action for a nego
• Racso Diagnostic, Inc. v. Cmty. Bank OF Homestead
  735 So. 2d 519· Fla. 3d DCA· 1999-05-05 ·cited 3×
  Racso Diagnostic sued Community Bank for converting stolen checks made payable to Racso by paying them over forged endorsements. The court reversed summary judgment for the bank, finding genuine issues of material fact regarding constructive delivery of the checks and holding tha
• Fla. Nat'l Bank v. Isaac Indus., Inc.
  610 So. 2d 57· Fla. 3d DCA· 1992-12-08 ·cited 3×
  A payee can sue a drawee bank for conversion of checks if the payee received actual or constructive delivery of the checks.
• Parker v. Dudley
  527 So. 2d 240· Fla. 5th DCA· 1988-05-26 ·cited 3×
  A Florida appellate court reversed a trial court's finding of negligence against a mortgagee's attorney who mailed unendorsed cashier's checks by certified mail to the mortgagor as partial payment on a foreclosure debt. The court held that an attorney is not negligent as a matter
• Peerless Ins. Co. v. Tex. Commerce Bank-New Braunfels, N.A.
  791 F.2d 1177· 5th Cir.· 1986-06-13 ·cited 3×
  The Uniform Commercial Code, as adopted by Texas, did not displace the common law action for money had and received for forged endorsements.
• Fid. Nat'l Bank of W. Fort Lauderdale v. Valachovic
  163 So. 2d 33· Fla. 2d DCA· 1964-04-03 ·cited 3×
  Fidelity National Bank appeals summary judgment in a conversion action brought by an estate administratrix for funds paid on a check bearing an allegedly unauthorized endorsement. The court reversed, holding that the action was barred by the three-year statute of limitations beca
• Bryan-Lilly v. Lilly
  880 So. 2d 757· Fla. 2d DCA· 2004-06-04 ·cited 2×
  In this family law appeal, the former wife challenges the trial court's division of assets in a marital dissolution. The appellate court affirmed most issues but reversed and remanded on two errors: the trial court improperly required the former wife to pay back funds twice (thro
• Broward Bank v. Commercial Bank OF Hollywood
  547 So. 2d 687· Fla. 4th DCA· 1989-07-26 ·cited 2×
  Broward Bank appeals a judgment in favor of Commercial Bank regarding forged endorsements on loan proceeds checks. The court reverses, holding that the "Imposter Rule" under UCC § 673.405(1)(a) does not apply where there is mere forgery without actual impersonation, and that the
• Lincoln Nat'l Bank & Tr. Co. v. The Bank OF Commerce
  764 F.2d 392· 5th Cir.· 1985-07-01 ·cited 2×
  A payee of checks cashed under a forged endorsement is not a "true owner" for purposes of UCC § 3-419 if the checks never came into the payee's possession or were not constructively delivered.
• Yahn & McDONNELL, Inc. v. Farmers Bank OF the State OF Del.
  708 F.2d 104· 3d Cir.· 1983-05-13 ·cited 2×
  The court held that the trial court erred in granting summary judgment, as unresolved factual issues exist regarding the plaintiff's holder in due course status and the bank's actions did not constitute valid payment on the certificate of deposit.