Oswald MacHine & Equipment, Inc. v. Yip
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
WERDEGAR, J.
In this case of first impression, we consider the ramifications of an employer’s delegation to an employee of the authority to endorse checks made out to the employer for deposit to the employer’s account. If the employee, so authorized, instead embezzles his employer’s funds by endorsing the checks for deposit to accounts opened in fictitious names, are those endorsements within the scope of his actual authority? Applying the California Uniform Commercial Code and relevant principles of agency law to the facts at hand, we conclude the trial court erred in ruling the…
2Cases cited25 opinions
- Salsman v. National Community Bank of RutherfordNew Jersey Superior Court Appellate Division · 1968
- Cooper v. Union BankCalifornia Supreme Court · 1973
- Zions First National Bank v. Clark Clinic Corp.Utah Supreme Court · 1988
- Larsen v. JohannesCalifornia Court of Appeal · 1970
- Howell v. State Farm Fire & Casualty Co.California Court of Appeal · 1990
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3Cited by16 opinions
- In Re: Bartoni-Corsi Produce, Inc. Debtor. Richard J. Spear, Trustee v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 1997
- Mills v. U.S. BankCalifornia Court of Appeal · 2008
- Citizens Bank v. Maryland Industrial Finishing Co.Court of Appeals of Maryland · 1995
- Delta Chemical and Petroleum, Inc. v. Citizens Bank of ByhaliaCourt of Appeals of Mississippi · 2001
- Kuhn v. TumminelliNew Jersey Superior Court Appellate Division · 2004
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