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#235644 - 08/23/04 09:53 PM Payee and endorsement issue
Johncrcm Offline
100 Club
Joined: Dec 2002
Posts: 195
Eastern KY
A check is printed with the payees in the exact style as follows:

Kerry, John
Edwards, John
P.O. Box ##
Anywhere, KY 12345

Question, is this check considered as being properly paid in cash or for deposit when the check is endorsed by the manner as followed:

(1) Only John Kerry's signature
(2) Only John Edward's signature
(3) Both Kerry's and Edward's signature?
Please select one answer and state your reason why.

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#235645 - 08/24/04 09:28 PM Re: Payee and endorsement issue
Still Developing Offline
100 Club
Joined: Mar 2002
Posts: 199
I would say either cash or deposit on any of your 3 choices since without an "and" between the names, the check is negotible by either.

Someone else can correct me, but this is my understanding of joint checks.

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#235646 - 08/25/04 01:59 PM Re: Payee and endorsement issue
beaten blind Offline
Gold Star
Joined: Oct 2003
Posts: 473
the Bat Cave
Ken with Pegasus is my expert on issues such as this - but if I am not mistaken, state law assumes that the account is negotiable by either account owner unless specifically indicated otherwise (as with the word "and"). I believe NGM is right.

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#235647 - 08/25/04 05:00 PM Re: Payee and endorsement issue
Brandy Osborne Offline
Platinum Poster
Joined: Jun 2003
Posts: 660
KY
I would go with the above. We always followed the thinking that it is "or" unless it specifically stated "and".
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#235648 - 08/25/04 07:16 PM Re: Payee and endorsement issue
Elwood P. Dowd Offline
10K Club
Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
Nothing to add to what's been said; either payee could properly endorse the check. Here's the language from the KRS:

355.110(4) If an instrument is payable to two (2) or more persons alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in possession of the instrument. If an instrument is payable to two (2) or more persons not alternatively, it is payable to all of them and may be negotiated, discharged, or enforced only by all of them. If an instrument payable to two (2) or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.
_________________________
In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

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