When Steven was killed in an automobile accident, he left his wife, Debra a life insurance policy

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When Steven was killed in an automobile accident, he left his wife, Debra a life insurance policy for $60,000. She decided to move from Bunkie to Sulphur, Louisiana. Debra executed a document authorizing her mother-in-law, Helen, to sign checks on Debra’s account at the bank. Debra also signed several blank checks and gave them to Helen with instructions to use them to pay off the remaining debt on Debra’s trailer. When Helen received the life insurance checks, she deposited them in Debra’s account. So far so good. But then she immediately withdrew $50,000 from the account by using one of the blank checks Debra had left her. She did not use these funds to pay off the trailer debt. When Debra discovered the theft, she sued the bank for having paid an unauthorized check. How would you rule in this case? Debra has suffered a grievous loss—her husband died tragically in an automobile accident. She trusted her mother-in-law and counted on her help. Should the bank show compassion? If the bank made good on the forged checks, how great would be the injury to the bank’s shareholders compared with the harm to Debra if she loses this entire sum?

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Business Law and the Legal Environment

ISBN: 978-1133587491

5th edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson

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