Question: J.R. Simplot, Inc. (d/b/a Simplot Soilbuilders), held a security interest in Richard L. Knights 2008 crops. To protect this security interest, Simplot sent a SECURITY
J.R. Simplot, Inc. (d/b/a Simplot Soilbuilders), held a security interest in Richard L. Knight’s 2008 crops. To protect this security interest, Simplot sent a “SECURITY INTEREST NOTICE” to all potential purchasers of Knight’s crops. This notice informed the buyers of Simplot’s security interest and requested: “If you pur chase or are involved in the sale of these farm prod ucts, please include Simplot Soilbuilders on all drafts issued to [Knight].” In 2008 Knight sold crops to George DeRuyter & Sons Dairy, which paid for the crops with a check in the amount of $32,916.79. George DeRuyter &
Sons Dairy made the check payable to the order of “Rick Knight-Simplot Soil Builders.” Knight indorsed his name, forged the indorsement of Simplot Soilbuilders, and deposited the check into his account at Yakima Federal.
Knight also sold crops to Connell Grain Growers in 2008. Connell Grain Growers paid for the crops with two checks, one in the amount of $22,494.73 and the other in the amount of $2,573.99. Connell Grain Growers made both checks payable to the order of “Rick Knight-Simplot Soil Builders.” Knight indorsed his name, forged the indorsement of Simplot Soilbuilders, and deposited both checks into his account at Yakima Federal.
Simplot Soilbuilders, George DeRuyter & Sons Dairy, and Connell Grain Growers did not maintain accounts at Yakima Federal, and the bank did not have a signa ture card for any of these businesses. Explain whether the instrument was properly indorsed.
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