Berthot v. Sec. Pac. Bank of Ariz
In Berthot v. Sec. Pac. Bank of Ariz., 170 Ariz. 318, 321, 823 P.2d 1326, 1329 (App. 1991), the defendant was the depository bank for the checks and had paid the plaintiff's father on checks made payable to the plaintiff based on a forged endorsement. 170 Ariz. at 319, 823 P.2d at 1327.
The trial court found that the common-law negligence claim was displaced by A.R.S. 47-3419, which provided that a check is converted when paid on a forged endorsement. Id. at 320, 823 P.2d at 1328.
The Court affirmed, holding that when a provision of the U.C.C. displaces the common-law at issue, the common-law no longer applies. Id. at 321-24, 823 P.2d at 1329-32.
The Court further held that since A.R.S. 47-3419 provided for a statutory conversion, it displaced the common-law "theories of recovery based on the same activity."Id. at 321, 823 P.2d at 1329.
While the court later noted that no claim for common-law conversion was alleged, that is not material because the court expressly found that the statutory conversion claim displaced and subsumed common-law causes of action. Id. at 323-24, 823 P.2d at 1331-32.