Spec-Cast, Inc. v. First National Bank & Trust Co.

Defendant, First National Bank & Trust Company of Rockford, cashed a check drawn on the account of the plaintiff, Spec-Cast, Inc.; however, this check was missing the drawer’s signature. Plaintiff filed suit in the circuit court of Winnebago County alleging that a bank cannot, in violation of Uniform Commercial Code section 3-401(1) (111. Rev. Stat. 1985, ch. 26, par. 3-401(1)), debit a depositor’s account when it makes payment on an unsigned check. The trial court ruled that pursuant to section 1 — 103 of the Uniform Commercial Code (111. Rev. Stat. 1985, ch. 26, par. 1 — 103), the bank…