Valley Bank v. Neibaur

McDEVITT, Justice,

specially concurring:

While I concur in this opinion, I write to emphasize that my concurrence is based solely upon the fact that Valley Bank’s evidence as to commercial reasonableness was unrebutted.

Valley Bank maintains that I.C. § 28-3-406 precludes the Neibaurs from asserting Palmer’s lack of authority. In order to prevail under this statute, Valley Bank had to prove that the Neibaurs’ negligence contributed to the unauthorized endorsement and that the Bank’s actions were consistent with reasonable commercial standards of the banking industry. To determine what course of…