Ask Question, Ask an Expert

+61-413 786 465

info@mywordsolution.com

Ask Business Law & Ethics Expert

Edmund Jezemski, estranged and living apart from his wife, Paula, was administrator and sole heir-at-law of his deceased mother's estate, one asset of which was real estate in Philadelphia. Without Edmund's knowledge or consent, and with the assistance of John M. McAllister, an attorney, and Anthony DiBenedetto, a real estate broker, Paula arranged for a mortgage on the property through Philadelphia Title Insurance Company.

Shortly before settlement, Paula represented to McAllister and DiBenedetto that her husband would be unable to attend the closing on the mortgage. She appeared at McAllister's office in advance of the closing accompanied by a man whom she introduced to McAllister and DiBenedetto as her husband. She and this man, in the presence of McAllister and DiBenedetto, executed a deed conveying the property from the estate to her husband and herself as tenants by the entireties and also executed the mortgage. McAllister and DiBenedetto were witnesses.

Thereafter, McAllister, DiBenedetto, and Paula met at the office of the Title Company on the closing date, produced the signed deed and mortgage, and Paula obtained from Title Company its check for the mortgage loan proceeds of $15,640.82, payable to the order of Edmund Jezemski and Paula Jezemski individually and to Edmund as administrator. Paula cashed the check, bearing the purported indorsements of all the payees, at Penns Grove National Bank and Trust Company. Edmund received none of the proceeds, either individually or as administrator. His purported indorsements were forgeries. In the collection process, the check was presented to and paid by the drawee bank, FidelityPhiladelphia Trust Company, and charged against the drawer Title Company's account.

Upon discovery of the existence of the mortgage, Edmund brought an action that resulted in the setting aside of the deed and mortgage and the repayment of the amount advanced by the mortgagee. Title Company then sued the drawee bank (Fidelity) to recover the amount of the check, $15,640.82. Is the indorsement effective? Explain.

Business Law & Ethics, Finance

  • Category:- Business Law & Ethics
  • Reference No.:- M92198771

Have any Question?


Related Questions in Business Law & Ethics

Managing the legal environment assignment - research

MANAGING THE LEGAL ENVIRONMENT ASSIGNMENT - RESEARCH PROJECT Company: Nike (a) Summarise in about 250-500 words the characteristics/features of the organisation (you can choose a statutory/government body or select a bus ...

Australian commercial and corporations law assignment -this

Australian Commercial and Corporations Law Assignment - This assignment deals with critical problem solving skills. This assessment tests course objectives addressing: Knowledge of relevant law, Application of the law to ...

Corporations law - assignment questions -objectives -

CORPORATIONS LAW - ASSIGNMENT QUESTIONS - Objectives - Answer the following questions with reference to the relevant statute law and general common law principles operating in Australia concerning the consequences of the ...

Australian commercial law assessment - part a 300 words -in

AUSTRALIAN COMMERCIAL LAW ASSESSMENT - PART A (300 words) - In using the resources of the early Modules, your tribe discussed and developed a constitution. In the new constitution assume that there are rules protecting a ...

Question 1it has been said that good corporate governance

Question 1 It has been said that good corporate governance is an important ingredient in corporate success and that regulators should encourage good corporate governance. Required Discuss how good corporate governance is ...

Instructionplease choose one question from the following to

Instruction Please choose One question from the following to answer: 1. Dealsgate is a Victorian town in Southern-East England, famous for its beautiful beach. It used to attract many world-renowned writers and scholars ...

Compare and contrast tort law and criminal law explain the

Compare and contrast tort law and criminal law. Explain the purpose of the law of torts in contract to the purposes of criminal law. Why are they different? Support your answer using specific examples from the textbook.

Assessment descriptionyou are required to watch the

Assessment Description You are required to watch the following YouTube clips from the GRI Secretariat: 1. The GRI Sustainability Reporting Standards: The Future of Reporting 2. Introducing the GRI Standards You must also ...

Property law for business assignment question -mrs betty

PROPERTY LAW FOR BUSINESS ASSIGNMENT QUESTION - Mrs Betty Joyce lives in an old, war-time vintage army shed in Baldivis. When she started to live in the shed, in the early 1960s, the whole area was a remote backwater. Si ...

Group report1 this group assignment consists of 2 parts

GROUP REPORT 1. This group assignment consists of 2 parts. Part A is a case study on contract law, and Part B is a question involving Corporations Law. Both questions must be answered. 2. The total word limit for the gro ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As