From our private database of 14,100+ case briefs...
The Bank/First Citizens Bank v. Citizens and Associates
Supreme Court of Tennessee
82 S.W.3d 259 (2002)
Citizens and Associates (Citizens) (defendant) issued three checks payable to Allied Mortgage Capital Company (Allied Mortgage) and gave the checks to Allied Mortgage’s branch manager, Frieda Gray, to deliver to Allied Mortgage’s main office. Gray forged Allied Mortgage’s indorsement on the checks and deposited the checks into her individual account at The Bank/First Citizens Bank (The Bank) (plaintiff). Citizens demanded repayment from The Bank. The Bank refused and filed suit against Citizens, seeking a declaratory judgment that The Bank was not liable on the checks. The trial court held that The Bank had failed to exercise ordinary care in allowing checks payable to a corporation to be deposited into a personal account, but that Citizens was also negligent in delivering the checks to Gray without confirming that Gray was authorized to accept the checks. The trial court allocated 80 percent of the loss to Citizens and 20 percent to The Bank. The court of appeals affirmed. Citizens appealed.
Rule of Law
Holding and Reasoning (Barker, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.