051357P.pdf   01/31/2006  Watson Coatings  v.  American Express
   U.S. Court of Appeals Case No:  05-1357
   Eastern District of Missouri   
   [PUBLISHED] [Smith, Author, with Heaney and Benton, Circuit Judge]
   Civil case - Uniform Fiduciaries Act. Where a bank or payee
   electronically processes checks pursuant to its normal procedures and
   does not employ automated procedures that unreasonably vary from
   general banking usage, no genuine issue of material fact exists as the
   whether the payee's automated processing of checks is commercially
   reasonable, and the district court did not err in granting American
   Express's motion for summary judgment based on its argument that it
   acted in good faith in compliance with the Uniform Fiduciaries Act; nor
   did plaintiff establish that American Express had actual knowledge that
   plaintiff's employee was breaching her fiduciary duty when she wrote the
   checks; there was no genuine issue of fact as to whether American
   Express, as payee, qualified as a holder in due course; American Express
   can rely on its holder-in-due course status as an affirmative defense to
   plaintiff's common law claims for money had and received and unjust
   enrichment.