New Wave sold computer equipment to Maxim, which sold it to USAA. After delivery of some equipment, USAA mailed checks to Maxim, even though on those sales the check was supposed to go directly to New Wave. The checks were payable to Maxim/New Wave. The back of the check states “Each Payee Must Endorse Exactly As Drawn.” Maxim endorsed the checks and deposited them in its account at Legacy Bank. New Wave did not endorse the checks. Maxim went out of business. New Wave sued Legacy for conversion for cashing the checks without New Wave endorsement. The trial court held for Legacy; New Wave appealed. Who wins?
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