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Commercial Law Keyed to Lopucki
HSBC Bank USA v. F & M Bank Northern Virginia
Facts
Donald Lynch purchased a check from Allied Irish Bank. The check was for $250 U.S. dollars payable to Advance Marketing and Investment. Prior to deposit, the check was altered without authorization to make the amount $250,000. This was done by adding zeros to the end of the numerical 250 and by adding the abbreviation “Thoud” to the end of the written 250. Advance Marketing and Investment deposited the check into its account with Petitioner. Respondent paid $250,000 to Petitioner on the check. Subsequently, Allied Irish Bank informed Respondent of the unauthorized alteration. Respondent credited Allied Irish Bank for the difference and brought this suit against Petitioner. Petitioner asserted the affirmative defense that Allied Irish Bank, the issuer of the check, failed to exercise ordinary care in preparing the check and such failure contributed to the unauthorized alteration of the check.
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