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Decibel Credit Union v. Pueblo Bank & Trust Co.

Colorado Court of Appeals
996 P.2d 784 (2000)


A thief stole checks from a checking-account customer of Decibel Credit Union (Decibel) (plaintiff), forged the customer’s signature on the checks, and cashed the checks at Pueblo Bank & Trust Company (Pueblo Bank) (defendant). Pueblo Bank sent the checks to Decibel through the Federal Reserve System. Decibel timely paid the checks to Pueblo. When Decibel later learned of the forgery, Decibel demanded reimbursement on the checks from Pueblo Bank. Pueblo Bank refused, and Decibel brought suit against Pueblo Bank. Pueblo Bank and Decibel both moved for summary judgment. The trial court awarded summary judgment in favor of Decibel, finding that Pueblo Bank had made presentment or transfer warranties to Decibel when Pueblo Bank returned the checks to Decibel through the Federal Reserve System, and that Pueblo Bank had breached those warranties. Pueblo Bank appealed.

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