Carson Fischer Plc v. Michigan National Bank

• Court: Michigan Supreme Court
• Decided: December 28, 2005
• Docket: 128689
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

December 28, 2005 Clifford W. Taylor, Chief Justice

128689 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan CARSON FISCHER, PLC, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, Justices

v SC: 128689 COA: 248167 Oakland CC: 2001-029814-CZ MICHIGAN NATIONAL BANK and MICHIGAN NATIONAL CORPORATION, Defendants-Appellants.

_________________________________________/

On order of the Court, the application for leave to appeal the February 8, 2005 judgment of the Court of Appeals is considered, and it is GRANTED. The parties are directed to include among the issues to be briefed: (1) whether the insertion of personal loan numbers on the face of embezzled checks made payable to the order of Michigan National Bank was an “alteration” of the checks as that term is utilized in MCL 440.4406 and MCL 440.3407 and (2) if the checks did not contain an “alteration,” whether they were therefore properly payable under MCL 440.4401(1).

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. December 28, 2005 _________________________________________ s1221 Clerk