indorsement v endorsement

• U.S. Bank, N.A. v. Bennett, (Ohio 2012)

note; mortgage; commercial transaction; Uniform Commercial Code (UCC); special endorsement; summary judgment; foreclosure.

....)  Bennett argued that the  indorsement was invalid because the note was indorsed to The L...

• Ohio Supreme Court

• Vernon Jones, Jr. v. Wells Fargo Bank, N.A., (5th Cir. 2012)

... the named payee, without the proper endorsement. The district court found Wells Fargo liable for c... check without the necessary indorsement.” We agree. As noted above, Wells Fargo accepted...

• Federal Circuits

• Fed. Home Loan Mtge. Corp. v. Schwartzwald, (Ohio 2011)

Trial court did not err in granting mortgagee’s motion for summary judgment and denying homeowners’ cross-motion for summary judgment. Although plaintiff did not establish that it was the holder of the note, plaintiff was entitled to enforce the note and mortgage as a nonholder in possession with the right to enforce the note. Plaintiff had standing to prosecute an action when it was assigned the mortgage prior to judgment. Defendants did not create a genuine issue of material fact as to whether plaintiff acted with unclean hands. Judgment affirmed.

... except for two stamped apparent indorsements.    The first stated:  “Without Recourse  ... were intended to be effective,  the endorsement from Fidelity to Delta should have preceded the...

• Ohio Supreme Court

• United States v. Guaranty Trust Co. of N. Y., 293 U.S. 340 (1934)

... title to the instrument, even if the endorsement of the payee is forged, and acquires the right to ...The check bore these further indorsements: "Merkur' Banking and Exchange Business, Stanko Sh...

• U.S. Supreme Court

• Miller v. Deutshce Bank National Trust, (10th Cir. 2012)

... been presented to suggest that the endorsement is not genuine or that the pet[i]tioner is n... prevents us from taking notice of the indorsement in this appeal, we disagree. The bankruptcy court ...

• Federal Circuits

• Margaret Lewis, Plaintiff-Appellant, v. Telephone Employees Credit Union; Universal Savings Bank; Bay View Federal Savings and Loan Association; the Bank of America, Defendants-Appellees, American Independent Bank; Willie Gillyard; Mahogany Check Cashing; Defendants-Cross-Defendants Appellees, City National Bank, Defendant-Cross-Claimant-Appellee. Angus G. Macleod, as Personal Representative of the Estate of Jean P. Macleod, Plaintiff-Appellant, v. Willie J. Gillyard; Mahogany Check Cashing, Defendants-Appellees. Angus G.S. Macleod, as Personal Representative of the Estate of Jean P. Macleod, Plaintiff-Appellant, v. Kodama-Schulman, Inc.; George Schulman; Doe Kodama; Doe Oswalt; Doe 1 A/K/a "Ira Singerman"; Willie T. Gillyard; Mahogany Check Cashing; American Independent Bank; Glendale Federal Bank; Sumitomo Bank of California; Federal Home Loan Bank, Defendants-Appellees., 87 F.3d 1537 (9th Cir. 1996)

... personal check, had neither a payee's indorsement nor a bank supplied indorsement. The other twenty-...In such a case, an endorsement by anyone in the name of Richard Roe is effective....

• Federal Circuits

• Contour Industries, Inc. v. U.S. Bank, N.A., (6th Cir. 2011)

...'s account number and the restrictive endorsement, "For Deposit Only." Byrd endorsed the checks to h... to detect that a non-customer payee's indorsement had been forged and thus was not liable in ...

• Federal Circuits

• Romano's Carryout, Inc. v. P.F. Chang's China Bistro, Inc., (Ohio 2011)

Because competent, credible evidence established that plaintiff was not a holder of a check, plaintiff could not recover from defendant, who was the drawer of the check, after defendant's bank dishonored the check.

... of the instrument and its indorsement by the holder."  R.C.  1303.21(B).  See also Golden ... under a thief's forged endorsement from becoming a holder.   Since the thief of a che...

• Ohio Supreme Court

• U.S. Bank Natl. Assn. v. Mitchell, (Ohio 2012)

Motion for summary judgment in foreclosure affirmed. Bank established it was holder of note and mortgage at time it filed the complaint and was entitled to foreclose.

...to convert  blank indorsements to special indorsements.    . 5. .  That the ... was no instrument, allonge  or endorsement evidencing negotiation of the note from Option�...

• Ohio Supreme Court

• Perini Corporation and Brown Brothers, Harriman and Company, Plaintiffs- Appellants, v. the First National Bank of Habersham County, Georgia, the Fulton National Bank of Atlanta, Georgia and Morgan Guaranty Trust Company of New York, New York, Defendants-Appellees. Perini Corporation and Brown Brothers, Harriman and Company, Plaintiffs- Appellants, v. the First National Bank of Habersham County, Georgia, and the Fulton National Bank of Atlanta, Georgia, Defendants-Appellees., 553 F.2d 398 (5th Cir. 1977)

... checks bearing arguably ineffective indorsements plunge us into the debate over a centuries-old yet... with Payee's Instructions Absence of Endorsement Guaranteed.". Habersham forwarded each check to Fu...

• Federal Circuits