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Bernardo v. Anello12/12/1988
ts proceeds on behalf of one who is not the true owner, is not liable for conversion or otherwise to the true owner beyond thsamount of any proceeds remaining in his hands. "Good faith" is defined as "honesty in fact in the conduct or transaction concerned." R.C. 1301.01(S).
Appellants argue in their brief in opposition that Russo had a long history of depositing fraudulently endorsed checks in his bank account at NCB. Appellants then cite several examples of fraudulently endorsed checks and of lawsuits generated by Russo's activities.
With these allegations in mind, whether NCB's policies regarding check deposits were in accordance with reasonable commercial standards is a question of fact. Therefore, summary judgment to NCB was improper. This assignment of error is sustained.
The judgment is reversed and the cause is remanded.
Judgment accordingly.
NAHRA and PARRINO, JJ., concur.
THOMAS J. PARRINO, J., retired, of the Eighth Appellate District, sitting by assignment.
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