12.
(p. 617) Barry wrote a check drawn on his account at ABC Bank for $500 made out to Susie Smith for
payment for yard work. Barry put the check properly addressed to Susie in the U.S. mail. Through
unknown means, a thief obtained the check. The thief altered the name of the payee to Trudy Smith,
and through expertly forged documents opened an account at XYZ Bank and obtained the funds from
Barry’s check along with a number of other stolen checks. When the check was then presented to
ABC Bank for payment, ABC Bank charged Barry’s account in the amount of $500. A few days later,
Susie asked Barry for her money; and, after investigating, he became aware of the situation.
Assuming the court follows the reasoning of the case in the text, Halliburton Energy Services Inc., v.
Fleet National Bank, which of the following is true regarding whether Barry is entitled to a return of his
funds?