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| Dilworth, an employee of Excelsior Super Markets, Inc., stole his payroll check from the cashier before it was completed. The check was properly made out to his order but the amount payable had not been filled in because Dilworth’s final time sheet had not yet been received. Dilworth filled in an amount which was $300 in excess of his proper pay and cashed it at the Good Luck Tavern. Good Luck took the check in good faith and without suspecting that the instrument had been improperly completed. Excelsior’s bank paid the instrument in due course. Excelsior is demanding that the bank credit its account for the $300 or that it be paid by Good Luck. Which of the following is correct? A. Excelsior’s bank must credit Excelsior’s account for the $300. B. A theft defense would be good against all parties including Good Luck. C. Good Luck has no liability for the return of the $300. D. Only in the event that negligence on Excelsior’s part can be shown will Excelsior bear the loss. |