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Spacemakers of America, Inc. v. Suntrust Bank

55 UCC Rep. Serv. 2d 893 (2005), 609 S.E.2d 683 (2005)

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Spacemakers of America, Inc. v. Suntrust Bank

Georgia Court of Appeals
55 UCC Rep. Serv. 2d 893 (2005), 609 S.E.2d 683 (2005)

SH

Facts

Spacemakers of America, Inc. (plaintiff) hired Ms. Triplett as a bookkeeper, where she was responsible for maintaining the corporation’s checkbook and reconciling it against statements from SunTrust Bank (defendant). Triplett also handled invoices from vendors. Spacemakers’s president, Mr. Rose, reviewed the invoices from vendors, Triplett wrote the checks, and Rose signed them. But no one at Spacemakers other than Triplett ever reviewed the corporation’s checkbook register or its bank statements. Within the first 10 months at Spacemakers, Triplett forged Rose’s signature on 65 checks totaling more than $475,000, each of which was made out to her husband’s business, Triple M Entertainment Group, which was not a vendor for Spacemakers. Spacemakers did not discover Triplett’s activities until someone at SunTrust became suspicious of one of the checks and contacted Rose to inquire further. Triplett was thereafter arrested, and Spacemakers initiated suit against SunTrust to recover the amount lost on its account due to the forged checks. The trial court granted SunTrust’s motion for summary judgment on each of Spacemakers’s claims. Spacemakers appealed.

Rule of Law

Issue

Holding and Reasoning (Ellington, J.)

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