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VALLEY BANK v. MONARCH INV. CO.

Nos. 18031-18033.

800 P.2d 634 (1990)

118 Idaho 747

VALLEY BANK, an Idaho banking corporation, Plaintiff-Respondent, Respondent on Appeal, v. MONARCH INVESTMENT COMPANY, Monarch Coin Company, John D. Larsen and Paul Larsen, Defendants-Appellants, Appellants on Appeal, and Ryan Neibaur and Vicki Neibaur, husband and wife; R & N Enterprises, and John Does One Through Ten, Defendants-Appellants. VALLEY BANK, an Idaho banking corporation, Plaintiff-Respondent, Appellant on Appeal, v. MONARCH INVESTMENT COMPANY, Monarch Coin Company, John D. Larsen and Paul Larsen, Defendants-Appellants, Respondents on Appeal, and Ryan Neibaur and Vicki Neibaur, husband and wife; R & N Enterprises, and John Does One Through Ten, Defendants-Appellants. VALLEY BANK, an Idaho banking corporation, Plaintiff-Respondent, Respondent on Appeal, v. Ryan NEIBAUR and Vicki Neibaur, husband and wife, Defendants-Appellants, Appellants on Appeal, and Monarch Investment Company, Monarch Coin Company, John D. Larsen, Paul Larsen, R & N Enterprises, and John Does One Through Ten, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied November 28, 1990.

Attorney(s) appearing for the Case

Peterson, Moss, Olsen, Meacham & Carr, Idaho Falls, for Monarch, et al. Stephen D. Hall, argued.

Imhoff & Lynch, Boise, for Neibaur, et. al. Stephen McGrath, argued.

Anderson, Pike & Bush, Idaho Falls, for Valley Bank. Scott R. Hall, argued.

JOHNSON, Justice.

This is a tale of two checks. The first check was issued by the purchasers of a stolen backhoe to the scoundrel who sold them the backhoe. The scoundrel endorsed the check without authority and cashed it at the purchasers' bank. The second check was a cashier's check issued by the bank in exchange for the first check. The second check was used by the scoundrel to buy some gold coins from a coin company.

The primary questions presented and...

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