O'Mara Enterprises, Inc. v. People's Bank of Weirton

WORKMAN, Justice:

Appellant O’Mara Enterprises, Inc. (“O’Mara”) appeals from an adverse summary judgment ruling entered by the Circuit Court of Hancock County in favor of the appellee banks on the issue of alleged wrongful payment of deposited checks. An embezzlement scheme perpetrated on O’Mara by its controller resulted in O’Mara’s loss of more than $41,000. 1 The funds, had they not been embezzled, were intended by O’Mara as payment of its weekly federal withholding tax obligation. Through the use of a restrictive endorsement, O’Mara’s controller deposited the tax checks into the personal…