Jeanmarie V. People

The case that I have chosen to discuss is from CH. 26: Liability, Defenses, and Discharge Case 26.1: Jeanmarie v. People

Facts about the Case (Background)

On August 26, 2005 Anthony & Alcibia Jeanmarie sold property in New Orleans to Melanie Murrary. Ms.Murrary was provided two loans from Encore Credit Corporation one for $104,000 and another for $26,000 as security of mortgage. The closing on the property was handled by Pyramid Title, LLC by Mark Peoples .

For the closing a Mark People signed and prepared a check, as authorized signer, from Pyramid Title, LLC to the Jeanmaries in the amount of $110,303.86. The check was returned for insufficient funds . The Jeanmaries filed a lawsuit , seeking payment from both Mark People and Pyramid Title, LLC.

The trial court held for the Jeanmaries and Peoples and Pyramid submitted a motion for a new trial.When the motion was denied Peoples and Pyramid appealed to the appellate court.

Issue at Hand

I believe the issue at hand is whether Mr.Peoples, signer on the check, can be held personally liable for the check that was issued from Pyramid Title, LLC to the Jeanmaries .

Court Decision

The Appellate court vacated the trial court’s ruling on the issue.

Evidence

The copy of the undisputed check was in question. The title on the check clearly indicates “Pyramid Title LLC Escrow Account”, not Mark Peoples. Peoples never stated that his signature on the check was unauthorized or a case of fraud. Upon the line wher he signed it stated in bold “Authorized Signature”.

Ruling Basis

Section 3 of the UCC states: “(c) If a representative signs the name of the representative as