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Commercial Law Keyed to Zierdt, 1st Ed.
Spacemakers of America, Inc. v. Suntrust Bank
Citation:
55 UCC Rep. Serv. 2d 893 (2005), 609 S.E.2d 683 (2005)Facts
Spacemakers hired Jenny Triplett as a bookkeeper in December 1999 without conducting a background check, which would have revealed her prior forgery convictions. Triplett was given sole responsibility for maintaining the company’s checkbook and reconciling bank statements. Within weeks of her employment, Triplett began forging checks payable to her husband’s company, “Triple M Entertainment Group.” Over ten months, she forged approximately 65 checks totaling about $523,000. No one at Spacemakers reviewed the bank statements during this period. In October 2000, a SunTrust employee became suspicious of a $30,670 check and contacted Spacemakers’ president, who confirmed it was unauthorized. Spacemakers demanded the bank credit its account for all forged checks, but SunTrust refused, citing Spacemakers’ failure to provide timely notice of the forgeries as required by their account agreement and Georgia’s Commercial Code.
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