Legal Opinion

American Founders Bank, Inc. v. Moden Investments, LLC.

Court of Appeals of Kentucky

Decided May 9, 2014No. 2012-CA-001276-MRPublishedCited by 7 opinions

1Opinion of the Court

*717 OPINION

ACREE, Chief Judge:

American Founders Bank (AFB) appeals from a judgment of the Franklin Circuit Court, entered after a bench trial, in favor of Moden Investments, LLC. The judgment holds AFB liable for conversion losses under Kentucky Revised Statutes (KRS) 355.3^420 for having deposited into a third-party’s account a cashier’s check made payable to Moden bearing a forged endorsement. AFB seeks reversal of the judgment and, contending that Moden’s own negligence substantially contributed to the forgery, also demands that we remand the case with instructions to dismiss Moden’s…

2Cases cited15 opinions

  1. Moore v. AsenteKentucky Supreme Court · 2003
  2. Hilen v. HaysKentucky Supreme Court · 1984
  3. Elwell v. StoneCourt of Appeals of Kentucky · 1990
  4. Cherry v. CherryKentucky Supreme Court · 1982
  5. Bowling v. Kentucky Department of CorrectionsKentucky Supreme Court · 2010

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3Cited by7 opinions

  1. Danette Kim Divine v. Cami GibsonCourt of Appeals of Kentucky · 2021
  2. December Farm International, LLC v. December Estate, LLCCourt of Appeals of Kentucky · 2021
  3. Lake Cumberland Resort Community Association, Inc. v. James E. CarterCourt of Appeals of Kentucky · 2022
  4. Laura McCarty as the Administratrix of the Estate of Leah Carter v. James Willett as Co-Executor of the Estate of Tom Robert Willett, IIICourt of Appeals of Kentucky · 2023
  5. Progressive Direct Insurance Company v. Courtney HartsonCourt of Appeals of Kentucky · 2023

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