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SMITH v. OLYMPIC BANK

No. 50511-0.

103 Wn.2d 418 (1985)

693 P.2d 92

J. DAVID SMITH, as Guardian, Petitioner, v. OLYMPIC BANK, Respondent.

The Supreme Court of Washington, En Banc.

January 10, 1985.

Attorney(s) appearing for the Case

Wilfred E. Schlicker, for petitioner.

Newton, Newton & Kight, by Thomas D. Adams, for respondent.

DORE, J.

We hold that, where a bank allows a check that is made payable to a guardian to be deposited in a guardian's personal account instead of a guardianship account, the bank is not a holder in due course under the Uniform Commercial Code because it has notice that the guardian is breaching his fiduciary duty.

FACTS

Charles Alcombrack was appointed guardian for his son Chad Stephen Alcombrack who was...

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