Leeds v. Chase Manhattan Bank, N.A.

752 A.2d 332 (2000)

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Nature of the Case

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Facts

P hired Louis Egnasko, Esq. to represent them in connection with a mortgage foreclosure action, as well as the purchase and resale of the property. After the purchase, P entered into a contract to sell the property. Egnasko closed the sale and accepted a settlement check for $87,293.56 on P's behalf. Egnasko altered the settlement check by typing '* * *Louis Egnasko, as attorney for* * *' above the payee line. Egnasko endorsed the check 'for deposit only, 067003443' and deposited the check into his attorney trust account at Chemical Bank. D stamped the back of the check 'Endorsement guaranteed.' D presented the check for collection and Summit, the drawer, honored its own teller's check. The check was negotiated between May 8 and May 16, 1996. Egnasko drew a check for $92,050 payable to P from an attorney trust account he held at the Trust Company of New Jersey (Trustco). Trustco honored the check drawn to, and P received payment on that check. Egnasko's Trustco account had obtained the funds by similarly altering and depositing a check payable to Shrewsbury State Bank that was intended to pay off a mortgage loan in an unrelated real estate transaction. Egnasko inserted his own name, 'Louis Egnasko as attorney,' above the payee's name and deposited the Shrewsbury check into his Trustco attorney trust account. Egnasko thus used funds that belonged to Shrewsbury to pay Leeds. Trustco is now facing a claim for conversion by Shrewsbury. Trustco filed suit against Egnasko and P, seeking repayment of monies traceable to Egnasko's fraud. P crossclaimed admitting receipt of the Trustco check from Egnasko but denying liability. P then filed this action alleging strict liability for payment on the altered settlement check against both D, the depository bank, and Summit (D), the drawer/drawee/payor bank. Ds moved for summary judgment in that P had been paid and therefore suffered no damages. The judge granted summary judgment for Ds. P appealed.