STAPLETON v. FIRST SEC. BANK

No. 85-381.

711 P.2d 1364 (1985)

Eleanor STAPLETON, Plaintiff and Respondent, v. FIRST SECURITY BANK, Western Montana National Bank and Federal Home Loan Bank of Seattle, Defendants and Appellants.

Supreme Court of Montana.

Decided December 31, 1985.


Attorney(s) appearing for the Case

Mulroney, Delaney & Scott, Garlington, Lohn & Robinson, Worden, Thane & Haines, Missoula, for defendants and appellants.

Milodragovich, Dale & Dye, Missoula, for plaintiff and respondent.


TURNAGE, Chief Justice.

Defendant bank appeals a court order entered in the Fourth Judicial District, Missoula County, which awarded plaintiff the face amount of two checks payable to Arthur M. and Eleanor M. Stapleton, plaintiff and her former husband, following a remand from this Court to determine plaintiff's interest in the checks. The District Court held that defendant banks had converted the checks in accepting them without endorsements and without the knowledge...

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