This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Negotiable Instruments. For more information on negotiable instrument cases see the pages on Wikipedia.
Negotiable Instruments-Statutes
See Va. Code §§ 8.3A-405 and 8.3A-406 (UCC) indicating that any person whose negligence substantially contributes to material alteration of instrument or to making of unauthorized signature is precluded from asserting alteration or lack of authority against holder in due course, etc.
See Va. Code § 8.4-402 (UCC) indicating that payor bank may be liable to its customer for actual and/or consequential damages proximately caused by wrongful dishonor.
Negotiable Instruments-Cases
1998 Gina Chin & Assocs. v. First Union Bank, 256 Va. 59, 500 S.E.2d 516.
Plaintiff alleged that its employee forged both its signature and endorsement of payee on checks and with cooperation of employee at bank deposited checks in her account at bank. Motion for judgment specifically alleges that bank’s acceptance of forged check for payment was negligent and in contravention of established banking customs and standards and was due to negligent failure of bank to supervise its employee. These allegations are sufficient to state cause of action under UCC.
