Commercial Law Keyed to Warren
Jefferson Parish School Board v. First Commerce Corporation
Appellant Jefferson Parish School Board (the “appellant”) maintained a checking account with appellee First Commerce Corporation (the “appellee”). Appellant wanted to use a facsimile signature machine and adopted a facsimile signature resolution with the appellee. In November 1992, several checks that appeared to be made by the appellant were presented to and paid by the appellee. Upon receiving the monthly bank statement, appellant discovered that the instruments were fraudulently produced. The checks were returned to the appellee with an “Affidavit of Forgery, Alteration, Loss or Threat of Instrument.” The appellee claimed that pursuant to the facsimile signature resolution, they were entitled to honor the instruments and appellant should bear the loss. The district court agreed with the appellee and held that the resolution precludes the appellant from bringing an action seeking to recover the amount of the fraudulent checks.
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