Stefano v. First Union Nat. Bank of Virginia

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiff here sues a bank for conversion of twenty-three checks on which he was a co-payee, contending that the bank improperly negotiated the checks without his endorsement. The parties’ cross motions for summary judgment present the following questions:(i) whether the Uniform Commercial Code, as enacted in Virginia, 1 displaces plaintiffs common law conversion claim,(ii) whether the Code’s statute of limitations bars a conversion action with regard to any of the checks,(iii) whether there was “delivery” of the checks to plaintiff as required by the…