MILLER v. FEDERAL DEPOSIT INS. CORP.

No. 2 CA-CIV 4137.

134 Ariz. 342 (1982)

656 P.2d 631

Peter M. MILLER, Plaintiff/Counterdefendant/Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of Southwestern Bank, an Arizona corporation, Defendant/Counterclaimant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 18, 1982.

Review Denied January 5, 1983.


Attorney(s) appearing for the Case

Johnston & Grynkewich by Gary S. Grynkewich, Tucson, for plaintiff/counterdefendant/appellant.

Joseph R. McDonald, P.C. by Joseph R. McDonald, Tucson, for defendant/counterclaimant/appellee.


OPINION

HOWARD, Chief Judge.

The determinative issue in this case is whether a collecting bank breaches its warranty of good title when it presents a check to a payor bank for settlement which has a missing endorsement. We conclude that it does and affirm.

Peter Miller owned a service station in Marana, Arizona. He replaced the engine in a motor home belonging to Doris Strahl. He charged her $2,500, she gave...

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