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Desert Builders Inc. performs construction work at job sites throughout southwestern United States. Every Wednesday, the foremen at each jobsite telephoned Carla and gave her the names of the employees working on the job and the number of hours they had worked. Carla then conveyed this information to Automatic Data Processing (ADP). Under a contract with Desert Builders Inc., ADP prepared payroll checks for the company. After preparing the payroll checks based on the information given to it by Carla, ADP sent the checks to the offices of Desert Builders Inc. for authorized signatures. Carla was not an unauthorized signer. After the checks were signed, Carla sent the checks to the jobsite foreman to deliver to the employees. Carla soon began conveying false information and hours worked. On the basis of this false information, ADP prepared payroll checks payable to persons who were actually employees but had not worked the number of hours Carla had indicated. After obtaining authorized signatures, Carla intercepted the checks, forged the endorsements of the payees, and either cashed them at Community Bank or deposited them into her own checking account at Community Bank, often presenting numerous checks at one time. Carla continued this practice for over a year, forging more than 100 endorsements.The vice president of Desert Builders Inc. discovered the embezzlement after noticing payroll checks payable to employees who had not recently performed services for the corporations. Carla later admitted to forging the endorsements. Can Desert Builders Inc. recover against the bank for paying on checks with forged endorsements? Why or why not?Must have U.S. court case supporting response2-3 paragraphs
Although, Carla is responsible for forging the endorsements, the depository bank’s is liable forthe forged endorsement, as the depository bank has direct contact with the person or thecustomer…
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