Torino Construction Corp. v. Ensign Federal Credit Union

OPINION

In fall 1988, Torino Construction Corporation (“Torino”) hired respondent Apex Framing, Inc. (“Apex”) to frame twenty homes in a housing development in Las Vegas, Nevada. Steve and Neal Jewett (“the Jewetts”) were the Apex supervisors for the Torino framing job. In December 1988 and January 1989, Torino wrote checks to Apex which the Jewetts deposited without incident into Apex’s account with Continental National Bank.

On Friday, February 3, 1989, the Jewetts picked up a check from Torino for $34,613.10 (“Torino check”). The Torino check was made payable to “Apex Framing,” not “Apex…