Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 10

After Faith Bursey filed for divorce from Arthur, a flood damaged their vacation home. They signed a proof of loss with their insurance company, which issued checks totaling $72,000 to "Bursey, Arthur J. Faith R." Arthur opened an account in CFX Bank in his name and that of Faith Robin Bursey, his daughter. He deposited the checks in this account. Only Arthur endorsed the checks. After Arthur and his daughter pledged this account for a loan on which he defaulted, CFX used the account to satisfy the loan. Faith Bursey sued CFX, alleging it had not acted in good faith in accepting the checks without her indorsement. Should Faith recover? [Bursey v. CFX Bank, 756 A.2d 1001 (N.H.)]