Wachovia Bank, N.A. v. Foster Bancshares, Inc.
United States Court of Appeals for the Seventh Circuit
457 F.3d 619 (2006)
Under common law, a drawee bank that pays a presented check assumes the risk that the drawer’s name is forged, while the presenting bank assumes the risk that the check has been altered since issuance.
Relevant Facts
A customer named Choi deposited a $133,000 check into her account at Foster Bank (Foster), drawn on Wachovia Bank (Wachovia) by MediaEdge with Choi as the payee. This was unusual for Choi’s account history. Wachovia paid the check and debited MediaEdge’s account. Choi withdrew the funds and disappeared. It was later discovered that the check was either altered to list Choi or a new check was forged. Wachovia, having destroyed the original check, sued Foster for indemnification against a potential lawsuit by MediaEdge, based on Foster’s warranty under the UCC that the check was unaltered.
Issue
Get access to our database of over 17,000+ case briefs today. Access our issue statements for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Holding & Reasoning
Get access to our database of over 17,000+ case briefs today. Access holding & reasonings for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Concurrence
Get access to our database of over 17,000+ case briefs today. Access all available concurrences for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Dissent
Get access to our database of over 17,000+ case briefs today. Access all available dissents for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Last updated:
December 8, 2023
Judicial Opinion
Get access to our database of over 17,000 case briefs today. Our database of judicial opinions will be released soon, for free!
Procedural History
Get access to our database of over 17,000+ case briefs today. Access the entire procedural history for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Citations
457 F.3d 619 (2006)