Salsman v. National Community Bank of Rutherford

In Salsman v. National Community Bank of Rutherford, 102 N.J. Super. 482, 246 A.2d 162 (Law Div.1968), aff'd o.b., 105 N.J. Super. 164, 251 A.2d 460 (App.Div.1969), an attorney persuaded his client that a check payable to her as the sole beneficiary of her deceased husband's profit-sharing plan belonged to his estate. The attorney had the client sign a restrictive indorsement to the estate, and then altered the indorsement for deposit to himself as "trustee." The proceeds were accepted for deposit to the attorney's trust account. After finding the depository bank liable under several sections of the UCC, the Law Division Judge explained his rejection of the bank's separate defense under the UFL: To exonerate the bank it must be shown that the attorney came into possession of the funds as a fiduciary . . . . Since he had no right to the funds, was not a fiduciary of the payee and was not authorized to indorse checks on behalf of the payee, the bank cannot claim the protection of this statute. 102 N.J. Super. at 495, 246 A.2d 162.