Arthur Odgers died, and his widow, Elizabeth Odgers (Elizabeth S remarriage), re

Question

Arthur Odgers died, and his widow, Elizabeth Odgers (Elizabeth S remarriage), retained Breslow as the attorney for her husband’s estate. She received a check payable to her drawn on First National City Bank. Breslow told her to deposit it in her husband’s estate. She signed an indorsement “pay to the order of Estate of Arthur J. Odgers.” Breslow deposited this check in his trustee account in National Community Bank, which collected the amount of the check from the drawee, First City national Bank. Thereafter, Elizabeth as administratrix of the estate of Arthur J. Odgers, sued Nation al Community Bank for collecting this check and crediting Breslow’s trustee account with the proceeds. Was National Community Bank liable? Explain.  

Explanation / Answer

no national bank cannot be considered as liable. this is because Mrs A has deposited it through an indorsement which is a legal document of giving the payment order to trustee.

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