Commercial Law Keyed to Warren
Espresso Roma Corporation v. Bank of America, N.A
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
David S. Boyd is the president of Espresso Roma Corporation and Pacific Espresso Corporation. All three entities are the appellants in this case (the “appellant”). Starting in October 1997, Joseph Montanez, and bookkeeper of the appellants downloaded company programs, stole blank checks, and printed company checks on his home computer to pay his personal bills. Montanez removed the forged cancelled checks when he sorted through the mail. The forgeries were not discovered until after Montanez left the company and Boyd found a cancelled check with a signature that he did not recognize. Upon further investigation, Boyd discovered that Montanez forged company checks in an amount totaling more than $330,000. The trial court granted summary judgment in favor of the appellee Bank of America (the “appellee”) on the ground that appellants are precluded from asserting forgeries processed more than one year before the forgery was reported.
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