Legal Briefs Essay

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Travelers Indemnity Co. v. Stedman

Facts

At issue is the fact that a person named Stedman drew a number of forged checks. The money belonged to the American Lung Association. However, Stedman appropriated the money for herself to the tune of about $130,000. The American Lung Association had an insurance policy to cover losses of this nature, at least to a degree. To that end, Traveler’s covered the losses of the American Lung Association (Court Listener, 2018).

Issue

The issue in this case is the fact that Travelers (the insurer of the ALA’s funds) could go against Stedman personally for the checks and money that were stolen. Because Travelers lost the money on the insurance payout, they wanted to recover the money from Stedman, as that is the person who stole the funds (Court Listener, 2018).

Decision

Part of the case involved the fact that Merrill Lynch, a co-defendant that faced liability for the funds alongside Stedman, won on some of the checks (Court Listener, 2018).

Reasons

It was generally held that the issuing bank, more than anyone, was responsible for honoring (or not honoring) the checks, even with the ill intentions and behavior of Ms. Stedman.

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The group two checks were a blended verdict. The crossclaim was ordered when it came to the contribution and breach of presentment warranties. However, the claim related to the indemnity on those same group two checks were denied. Also relevant was the burden of the depositing bank. That depositing bank has to ensure that the presenter and the relevant endorsement were in order (Court Listener, 2018).

VonHoldt Jr. v. Barba & Barba Construction

Facts

The plaintiff hired the defendant to do a multi-level addition to a single family residence in Glenview, Illinois. The projected size of the addition was to be 3,200 square feet. This was in addition to the existing structure, which was about 2,300 square feet. The addition was seemingly completed. However, the homeowner found a number of ostensible flaws and other issues with the finished product. This included deflections in the floors. This was partially hidden by the carpet. However, it was discovered nonetheless (FindLaw, 2018).

Issue

The primary issue is whether the house and its construction was in violation of a warranty of habitability. Meaning, there was a question as to the liability that the construction….....

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