18 Jul WHAT COULD RPM HAVE DONE TO FURTHER PREVENT THIS CHECK FROM BEING CASHED?
Would a court be likely to hold the bank liable for the amount of the check because it failed to verify the signature on the check? Why or why not?
Checks and Banking in the Digital Age RPM Pizza Inc. issued a check for $96 000 to Systems Marketing for an advertising campaign. A few days later RPM decided not to go through with the deal and placed a written stop-payment order on the check. RPM and Systems had no further contact for many months. Three weeks after the stop-payment order expired however Toby Rierson an employee at Systems cashed the check. Bank One Cambridge RPMs bank paid the check with funds from RPMs account. Because the check was more than six months old it was stale and thus according to standard banking procedures as well as Bank Ones own policies the signature on the check should have been specially verified but it was not. RPM filed a suit in a federal district court against Bank One to recover the amount of the check. Using the information presented in the chapter answer the following questions. 1 How long is a written stop-payment order effective? What could RPM have done to further prevent this check from being cashed? 2 What would happen if it turned out that RPM did not have a legitimate reason for stopping payment on the check? 3 What are a banks obligations with respect to stale checks? 4 Would a court be likely to hold the bank liable for the amount of the check because it failed to verify the signature on the check? Why or why not?
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