Case Problem:
Donald Lynch purchased a check from Allied Irish Bank (AIB) in Ireland. The check was made payable to Advance Marketing and Investment Inc. (AMI) in the amount of U.S. $250.00, which was handwritten as “Two Hundred 1 Fifty” on the center line of the check and as “U.S. $250.00” on the upper right-hand side of the check. The drawee/payor on the check was HSBC Bank USA. Prior to the check’s deposit into AMI’s account at F&M Bank–Northern Virginia, the amount of the check was altered from $250.00 to $250,000.00 by adding three zeros and changing the period to a comma in the numerical portion of the check and adding the letters “Thoud” in the written portion. The alteration was unauthorized, and the check was endorsed “A.M.I., Inc.” F&M presented the check for payment to HSBC. In so doing, F&M warranted that the check had not been altered. HSBC honored the check as presented and paid $250,000.00 to F&M, and it debited AIB’s account for that amount. HSBC then recredited AIB’s account for the amount of the unauthorized alteration and brought suit alleging a claim for breach of presentment warranty. How do you think the court ruled? Was a presentment warranty violated by F&M? [ HSBC Bank USA v. F&M Bank–Northern Virginia, 246 F.3d (2001).]
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.