Can birmingham trust obtain reimbursement from central bank
On July 21, Boehmer, a customer of Birmingham Trust, secured a loan from that bank for the principal sum of $5,500 in order to purchase a boat allegedly being built for him by A. C. Manufacturing Company, Inc.
After Boehmer signed a promissory note, Birmingham Trust issued a cashier’s check to Boehmer and A. C. Manufacturing Company as payees. The check was given to Boehmer, who then forged A. C. Manufacturing Company’s indorsement and deposited the check in his own account at Central Bank. Central Bank credited Boehmer’s account and then placed the legend ‘‘P.I.G.,” meaning ‘‘Prior Indorsements Guaranteed,” on the check. The check was presented to and paid by Birmingham Trust on July 22.
When the loan became delinquent in March of the following year, Birmingham Trust contacted A. C. Manufacturing Company to learn the location of the boat. They were informed that it had never been purchased, and they soon after learned that Boehmer had died on January 24 of that year. Can Birmingham Trust obtain reimbursement from Central Bank under Central’s warranty of prior indorsements? Explain.
