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Commercial Law Keyed to Zierdt, 1st Ed.
DeLuca v. BancOhio National Bank, Inc.
Citation:
598 N.E.2d 781 (1991)Facts
On January 27, 1989, Joseph Rotondo, a 78-year-old attorney suffering from various ailments, felt very ill and asked his secretary, Carolyn DeLuca, to take him to the hospital. Before leaving his office, he signed several blank payroll checks and told Carolyn he had left one check for her in his desk. At the hospital, Carolyn claimed that Rotondo told her to take the blank check and fill it in for $75,000 to pay her debts if anything happened to him. Rotondo died that same day. The next day, Carolyn completed the check by filling in her name as payee, the amount of $75,000, and the date. She then presented the check to BancOhio’s Bexley branch, where head teller Kathleen Miller, after consulting with her supervisor, processed the transaction as a cash deposit into Carolyn’s account. The deposit slip was coded to reflect a cash deposit rather than a check deposit. On Monday, January 30, Rotondo’s son, who was co-executor of his father’s estate, obtained a temporary restraining order to stop payment on the check. Upon receiving the TRO, BancOhio reversed the transaction, removing the $75,000 from Carolyn’s account and recrediting Rotondo’s account.
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