Stapleton v. First Security Bank

Defendant bank appeals a court order entered in the Fourth Judicial District, Missoula County, which awarded plaintiff the face amount of two checks payable to Arthur M. and Eleanor M. Staple-ton, plaintiff and her former husband, following a remand from this Court to determine plaintiff’s interest in the checks. The District Court held that defendant banks had converted the checks in accepting them without endorsements and without the knowledge of plaintiff, and that under Section 30-3-419(2), MCA, the drawee bank’s liability to a co-payee on a converted instrument is the face amount of the…