WAUKON AUTO v. FARMERS & MERCHANTS SAV.

No. 88-728.

440 N.W.2d 844 (1989)

WAUKON AUTO SUPPLY, Appellee, v. FARMERS & MERCHANTS SAVINGS BANK, Waukon, Iowa, Appellant.

Supreme Court of Iowa.

May 17, 1989.


Attorney(s) appearing for the Case

James E. Walsh, Jr., and Patrick C. Galles of Clark, Butler, Walsh & McGivern, Waterloo, for appellant.

Marion L. Beatty of Miller, Pearson, Gloe, Burns, Beatty & Cowie, P.C., Decorah, for appellee.

Considered by McGIVERIN, C.J., and SCHULTZ, CARTER, LAVORATO, and NEUMAN, JJ.


LAVORATO, Justice.

The manager of Waukon Auto Supply embezzled funds from the business. He did so by first indorsing customer checks either by hand or with the business's rubber stamp. He would then present the checks for cash at the Farmers and Merchants Savings Bank, where Waukon Auto had a checking account. The manager was not authorized to write checks on the account or to withdraw cash.

Waukon Auto sued the Bank for allowing the embezzlement to occur...

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