Gina Chin & Associates, Inc. v. First Union Bank

500 S.E.2d 516 (1998)

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Gina Chin & Associates, Inc. v. First Union Bank

Supreme Court of Virginia
500 S.E.2d 516 (1998)

JL

Facts

Gina Chin & Associates (Chin) (plaintiff) was a food wholesaler. One of Chin’s employees forged the signature of an officer of Chin on checks that were made payable to Chin’s suppliers. That employee then forged the payees’ indorsements and deposited the checks with First Union Bank (the Bank) (defendant) with the assistance of a teller. This scheme took place during 1994 and 1995 and resulted in a total of $270,488.72 being paid to the employee. Chin sued the Bank, alleging that the Bank was negligent in accepting the checks that contained forged signatures of the drawer and forged indorsements of the payees. The trial court dismissed Chin’s complaint for failure to state a claim. Chin then appealed to the Supreme Court of Virginia.

Rule of Law

Issue

Holding and Reasoning (Lacy, J.)

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