Mary Sue Walton’s son plays on a premier soccer team. The team’s coach is paid $

Question

Mary Sue Walton’s son plays on a premier soccer team. The team’s coach is paid $1035 per month by the parents of the young men who play on the team. This amount includes the coach’s services and transporting the players to and from soccer games. In the top right corner of the check Mary Sue writes the month, day, and year as August 1, 2015 on the line labeled “Date.” On the line labeled, “Pay to the Order of” she writes the coach’s name. To the right on the line with the dollar sign, she writes the amount the check is payable for: “$1 035.00.” On the line under the coach’s name, Mary Sue writes the amount in words, “1 thousand and thirty-five dollars and no/100.” She then gives the check to her son to give to the coach and dashes off to work. The coach altered the check to read, “$10035.00” on the line with the dollar sign. And he also altered the line under his name to read, “Ten thousand and thirty-five dollars and no/100.” He then negotiated the check to Bank of Manchester United, and the Bank of Manchester United deposited $1035 into the account the coach had set up to accept payments from team members. He took the $9000 balance in cash. In December he notified the parents of team members that he was closing his coaching operation in Kansas. Mary Sue had received her monthly bank statement in September for August, but as a working mother she did not review her bank statements until December 2015 after the holidays at which time she notified the bank of the issue. The September through December checks are all for $1035 per month. Only the August check is for $10,035. She sued Bank of Manchester United seeking to have her account credited for $9000. The coach left no forwarding address. Will Mary Sue or the Bank prevail in this controversy? Explain why.

Explanation / Answer

M should prevail in this controversy. This is a clear case of fraud and bank overlooked the matter. The coach altered the check by placing an additional “0” in between the numbers and by writing words. M can challenge the bank that these are not her hand writing. If bank accepts then she must be credited with $9,000, or otherwise she can take the matter to the court for proper justice. Since adequate evidence is there she should certainly win.

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