Suntrust Bank v. Atlanta Classic Cars, Inc.

Pope, Presiding Judge.

SunTrust Bank, Atlanta funded a car loan by issuing a check to Atlanta Classic Cars, Inc. (“ACCI”) so that its customer could purchase a car. The check included a conditional endorsement whereby ACCI warranted that it would list SunTrust as the first lienholder on the application for a certificate of title. ACCI cashed the check but did not comply with the endorsement. The issue in this case is whether SunTrust is entitled to recover the full amount of the loan from ACCI under the theory of money had and received even though breach of the endorsement did not cause…