Western Iowa Farms Co. v. First Savings Bank

216 B.R. 1257
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 11, 1998
Docket97-1616
StatusPublished

This text of 216 B.R. 1257 (Western Iowa Farms Co. v. First Savings Bank) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Western Iowa Farms Co. v. First Savings Bank, 216 B.R. 1257 (8th Cir. 1998).

Opinion

RICHARD S. ARNOLD, Chief Judge.

This ease is about checks drawn on the account of Western Iowa Farms Co., a bankruptcy debtor, in a Montana bank. The person who signed the checks had Western Iowa’s authority, generally speaking, to do so, but the checks were made to payees who never knew anything about them. The signers of the checks forged the payees’ endorsements and then had the checks deposited to the signers’ own accounts in a Kansas bank. That bank, in turn, had the checks presented for payment to the drawee bank, which paid them and charged Western Iowa’s , account. In this action, Western Iowa seeks to recover the amount of the checks from the Kansas bank, on the theory that paying the checks on forged endorsements was a conversion. See Kan. Stat. Ann. § 84-3-419(l)(c) (1983). 1

The Bankruptcy Court 2 held for the Kansas bank (First Savings Bank of Manhattan, Kansas) after a trial. The Court found as a fact that the Kansas bank had acted in a commercially reasonable manner in handling the checks. The District Court 3 affirmed, and so do we. We hold that the Bankruptcy Court’s finding is not clearly erroneous, and that, accordingly, the bank has a defense to this conversion action under Kan. Stat. Ann. § 84-3-419(3).

I.

Western Iowa was a Nebraska corporation engaged in the livestock business. It provided various clearing services to livestock buyers, including Leonard and Mike Russell, who were independent livestock buyers. The Russells were authorized to write checks drawn on Western Iowa’s bank account at Norwest Bank in Butte, Montana. As a matter of course, the Russells would purchase livestock, using a Western Iowa check, and resell the livestock to a third party. Once the Russells had been paid by the third party, they would then repay Western Iowa the amount of the original check plus a fee.

In late 1989 and early 1990, the Russells wrote ten checks totaling almost $275,000, 4 but the checks did not represent actual cattle purchases. The Russells wrote the checks to three different payees, none of whom was aware of the existence of the checks, and Brad Russell (Leonard’s son and Mike’s brother) forged the payees’ endorsements and deposited the proceeds into the Russells’ accounts at First Savings Bank of Manhattan, Kansas. On the reverse side of each check, Brad Russell forged the signature of the payee, and below that wrote a restrictive endorsement (“for deposit only”) and one of two different account numbers representing accounts controlled by the Russells at First .Savings.

First Savings accepted each of the ten checks for deposit into the Russells’ accounts and presented each check for payment, through normal banking channels and the Federal Reserve Bank, to Western Iowa’s *1259 bank in Montana. Western Iowa’s bank paid the checks and charged the amount of the checks against Western Iowa’s account.

Western Iowa sued First Savings. Western Iowa claimed that First Savings converted Western Iowa’s property when the bank accepted the deposit of checks bearing forged endorsements and presented them to Western Iowa’s bank for payment. Western Iowa relied on Kan. Stat. Ann. § 84-3-419(1)(c) (1983), which provides that “[a]n instrument is converted when it is paid on a forged endorsement.” In defense, First Savings, among other things, asserted that it had acted with ordinary care and in a commercially reasonable manner. It cited Kan. Stat. Ann. § 84-3-419(3), which reads as follows:

Subject to the provisions of this Act concerning restrictive endorsements a representative, including a depositary or collecting bank, who has in good faith and in accordance with the reasonable commercial standards applicable to the business of such representative dealt with an instrument or its proceeds on behalf of one who was not the true owner is not liable in conversion or otherwise to the true owner beyond the amount of any proceeds remaining in his hands.

Kan.Stat.Ann. § 84-3-419(3). 5

The Bankruptcy Court agreed with this argument and found as a fact that reasonable commercial standards had been followed. Accordingly, judgment was entered in favor of First Savings. As we have already noted, the District Court affirmed this judgment.

II.

This case turns on the law of Kansas, and not even the current law of that state. It depends on an interpretation of the Kansas version of the Uniform Commercial Code as it existed before 1992. On this subject the final authority is the Supreme Court of Kansas, not this Court. In addition, the case is now before us on its second appeal as of right. Bankruptcy cases are almost unique in the federal system in this respect. In most cases, including the most important civil and criminal litigation, litigants have only one appeal as of right, from a district court to a court of appeals. In bankruptcy proceedings, however, Congress has provided for two appeals as of right. The ease has already gone through one full appellate cycle, and both the Bankruptcy Court and the District Court have written full opinions.

For these reasons, we content ourselves with a fairly summary discussion. The back of the checks in question look like this:

Forged name of payee

For deposit only

Account numbers of Russells

First Savings did exactly what the endorsement told it to do. It deposited the checks in the numbered accounts indicated underneath the words “for deposit only.” An endorsement “for deposit only” is a restrictive endorsement, in the sense that the checks must be handled in accordance with the endorsement. That was done here. The endorsement was not irregular on its face. A payee has every right to endorse a check and specify that the proceeds be deposited in somebody else’s account. Indeed, in this particular ease, the endorsement by the payees (we should say the apparent endorsement, because the endorsement was forged) was in blank. The endorsement consisted simply of the name of the payee. This sort of endorsement turns the check into bearer paper. Anyone who comes into possession of it can assert ownership, and persons dealing with the instrument in good faith and without reasonable suspicion can deal with that person as the true owner.

Nor was there anything here to put the bank tellers who accepted the checks for deposit to the Russells’ accounts on notice that anything was amiss or required investigation. There is no evidence that the tellers were familiar with the payees or had reason to believe that the endorsements were forged.

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Related

§ 84-3-419
Kansas § 84-3-419
§ 83-3
Kansas § 83-3

Cite This Page — Counsel Stack

Bluebook (online)
216 B.R. 1257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-iowa-farms-co-v-first-savings-bank-ca8-1998.