Peoples Nat. Bank v. American Fidelity Fire Ins. Co.
Decision Date | 13 June 1978 |
Docket Number | No. 1214,1214 |
Citation | 386 A.2d 1254,39 Md.App. 614 |
Parties | , 24 UCC Rep.Serv. 362 PEOPLES NATIONAL BANK of Maryland v. AMERICAN FIDELITY FIRE INSURANCE COMPANY. |
Court | Court of Special Appeals of Maryland |
Thomas B. Yewell, Upper Marlboro, for appellant.
T. Roger Harrison, Sparks, with whom were Herbert H. Hubbard, Steven K. Fedder and Weinberg & Green, Baltimore, on the brief, for appellee.
Argued Before GILBERT, C. J., and MORTON and MOORE, JJ.
This is an appeal from an Order of the Circuit Court for Prince George's County (Ernest A. Loveless, J.) granting summary judgment in favor of the plaintiff, American Fidelity Fire Insurance Company, and awarding damages against the defendant, Peoples National Bank of Maryland, for wrongful payment to a single indorser on a check made payable to joint payees. We are in agreement with the ruling of the lower court that a cause of action in conversion was stated under Md.Com.Law Code Ann. § 3-419 (1975), 1 and we adopt the opinion of Judge Loveless as set forth below:
'Floors, Inc.
American Fidelity Fire
Insurance Company
8400 Truck Way
Capitol Heights, Md. 20037.'
"Floors, Inc. indorsed the check by way of a rubber stamped indorsement as follows:
'For Deposit Only
Floors, Inc.'
'An instrument payable to the order of two or more persons
(a) If in the alternative is payable to any one of them and may be negotiated, discharged or enforced by any of them who has possession of it;
(b) If not in the alternative is payable to all of them and may be negotiated, discharged or enforced only by all of them.'
In plaintiff's view, since the two payees were listed on the check without any indication on the face of the check that it was payable in the alternative, the instrument could not be negotiated by only one of the payees.
"In addition to the statute, plaintiff relies on a California case, Feldman Construction Co. v. Union Bank (28 Cal.App.3d 731), 104 Cal.Rptr. 912 (1972). In that case the check in question was drawn:
'Interstate Steel Corp.
General Pipe and Supply.'
The California court found that the bank was negligent in paying on the check which was only indorsed by one of the payees. The court wrote, 'the absence of "and" or "or" is not controlling.' 104 Cal.Rptr. at 913.
"The defendant, Peoples National Bank, contends on the other hand that the decisive issue in determining whether a check is payable in the alternative is the drawer's intent. The thrust of defendant's argument is that since the United States Treasury eventually honored the check, which was payable to two payees but only indorsed by one, this is evidence of an intent to pay in the alternative.
Defendant also cites Feldman Construction Co. v. Union Bank, supra, in support of its argument. The check in the Feldman case carried the following notation on the back:
'Endorsement of this check acknowledges payment as of this date all material and labor at A.I.C. Bldg. 8060 Florence Ave. Downey, Calif.'
In response to this fact, the court wrote:
'Although direct evidence was not taken below concerning ordinary...
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Saxon Mortgage Services, Inc. v. Harrison
...of the trial court to judge the credibility of the witnesses. 28. Although appellant cites to Peoples Nat'l Bank of Maryland v. Am. Fidelity Fire Ins. Co., 39 Md.App. 614, 386 A.2d 1254 (1978), that case sheds no light on the issue currently before us. In Peoples Nat'l Bank, we held that a ......
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...See, e.g., Moram Agencies, Inc. v. Farrell Trans., Inc., 35 U.C.C.Rep. Serv. 1236 (E.D.Pa.1982); Peoples Nat'l Bank v. American Fidelity Fire Ins. Co., 386 A.2d 1254 (Md.Ct. Spec.App.1978); Feldman Constr. Co. v. Union Bank, 104 Cal. Rptr. 912 (Ct.App.1972). These cases base their holdings,......
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...of Florida, N.A., 25 U.C.C. Rep. Serv.2d 1165 (Fla.Cir.Ct.1995),8 but neither addressed, nor cited, Peoples National Bank v. American Fid. Fire Ins. Co., 39 Md.App. 614, 386 A.2d 1254 (1978). The court also rejected Bank of America National Trust and Savings Assoc. v. Allstate Insurance Co.......
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