In 1992, Eric M. Schmitz executed two Limited Power of Attorney forms with Georgetown Financial, a Wisconsin

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In 1992, Eric M. Schmitz executed two “Limited Power of Attorney” forms with Georgetown Financial, a Wisconsin company that provided investment, insurance, and financial services. James O’Hearn was the sole owner and chief executive officer of Georgetown Financial. Georgetown Financial purchased mutual funds through Putnam Investments for Schmitz. Putnam issued two checks and mailed them to Schmitz, in care of Georgetown Financial, as designated in the account application. O’Hearn presented both checks to Firstar Bank for deposit into a Georgetown Financial account. The larger check did not include an endorsement by or on behalf of Schmitz. The smaller check included an endorsement bearing Schmitz’s name that Schmitz claims is a forged signature. Both checks were stamped with a Georgetown Financial deposit stamp and marked “for deposit only.” Firstar Bank deposited the face value of both checks into a Georgetown Financial account. Schmitz never received the funds deposited into the account. Schmitz argued that because Georgetown Financial did not have authority to endorse the larger check, Firstar Bank was liable as a matter of law for making payment on this check, which was presented by Georgetown Financial without his actual or purported signature. Should Firstar Bank be held liable for cashing both checks? How did the court decide?

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Dynamic Business Law

ISBN: 9781260247893

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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