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Leasing News is a web site that posts information, news, and
entertainment for the commercial alternate financing,
, finance and leasing industry


Friday, April 15, 2016

Today's Equipment Leasing Headlines

Sale of FirstMerit to Huntington Bancshares Exits
  Vice Chairman and Chief Commercial Banking Officer
Derek Anniston Purchased American Leasing Financial Corp.
   Named President, Remains Partner American Leasefund
New Hires---Promotions in the Leasing Business
  and Related Industries
Leasing Industry Ads---Help Wanted
New Position Opportunities
April Beige Book Reports Continued Expansion
   Economic Pace Varied Across Districts
Channel Partners March Last 20 Deals
Business Type/FICO/TIB/Annual Revenues/Term/Funding Amount
Leasing/Finance Conferences ---Updated
Chart---Here's How Much Money Tech Companies
  Have Stashed Overseas
Restrictive Endorsements Can Trap
   the Equipment Lessor
By Tom McCurnin, Leasing News Legal Editor
Demolition/11 Minutes/The Hateful Eight
Star Wars-The Force Awakens/Only Angels Have Wings
Film/Digital Reviews by Fernando Croce
Labrador Retriever/Bluetick Coonhound/Mixed (short coat)
Akron, Ohio  Adopt-a-Dog
Create My Resume
News Briefs--- 
Largest Banks in the World
  China first four, Japan, UK, JP Morgan #7
North Carolina loses 250 bank jobs over 'anti-LGBT' law
   Deutsche Bank Cuts Back on New Jobs
Gartner Says Worldwide PC Shipments Declined
     9.6 Percent in First Quarter of 2016
Northern Leasing Systems Sued Again
  Many Law Suits
Mortgage rates hit lows not seen in nearly three years
  30yr 3.58%,   15yr 2.86%  5yradjustable 2.84% 
How coal titan Peabody, the world’s largest, fell into BK
  Shares of Stock Have Plunged 99 Percent
SEC and Vermont allege ski resort mishandled $200 million
  Ponzi Scheme

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Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)
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Sale of FirstMerit to Huntington Bancshares Exits
Vice Chairman and Chief Commercial Banking Officer reports “FirstMerit's David Goodall resigns abruptly - Unsung departure.”  Goodall was named Vice Chairman and Chief Commercial Banking Officer, reporting to Paul G. Greig, the company’s Chairman, Presdient and CEO, last June 1.

According to a news release quoting Greig, “Since David joined FirstMerit in 2009, first as executive vice president of specialty lending, and then later to senior executive vice president, commercial banking, the organic growth of our commercial segment has been significant throughout our expanded footprint.”

Goodall has 28 years of commercial banking experience. Prior to joining FirstMerit in 2009, he was employed by National City for 12 years, most recently as president and CEO of National City Business Credit Inc., a subsidiary of National City Bank.

Huntington Bancshares’ pending deal to buy FirstMerit Corp., expected to become final between late July and late September, boosted shareholder wealth in the Akron banking company by hundreds of millions of dollars.

And the sale may mean FirstMerit’s top executives will get golden paydays worth tens of millions of dollars as well.

Senior Executive Vice President, Commercial Banking, David Goodall’s severance packages range from $60,909 to nearly $2.8 million, according to

According to the FirstMerit proxy, the change in control and displacement packages for top executives show:

• Chairman and CEO Greig could reap as much as a $31 million-plus windfall. His severance packages range from $21.1 million to more than $31.7 million.
• Chief Financial Officer Terry Bichsel’s severance package ranges from nearly $5.5 million to more than $8.4 million.
• Vice Chairman FirstMerit Corp. and Chairman and CEO of FirstMerit Michigan Sandra Pierce’s severance packages range from $10,268 to more than $4.3 million.
• Chief Credit Officer William Richgels’ severance packages range from $5 million to more than $8.1 million.


The new logo of the Huntington Convention Center of Cleveland,
site of the Republican National Convention in July.





Derek Anniston Purchased American Leasing & Finance
     Portland Oregon, Named President

Derek Anniston purchased 100% of the stock of American Leasing Company (American Leasing & Financial) of Portland, Oregon from Thomas Davis and Herman Fleishman for $1.4 million and was appointed the new President and Director of Operations. Anniston had served as Vice-President of Operations for five years prior to the sale. 

Davis started American in 1990 and saw the company grow to nearly $10 million a year in annual fundings, including over $2 million a year with their own direct funding arm, American Leasefund.  Davis and Fleishman will continue to be 50/50 owners of American Leasefund, having signed an exclusive portfolio management agreement with Anniston and American Leasing.   Davis retained a 5% buyback option and first right of refusal at the same price extended to Anniston.

The transaction closed at the law officers of Slinde Nelson Stanford in Portland and was facilitated by attorney Benjamin Stoller.



New Hires---Promotions in the Leasing Business
and Related Industries

Derek Anniston Purchased American Leasing Financial, Portland, Oregon, to become President. He joined the firm March, 2011, and previous position was Vice President of Operations.  He remains Lease Accounts Manager, American Leasefund (March, 2011-President).  Previously, he was Accounts Receivable Supervisor, Missouri, Acquisitions & Processing (May, 2007 – February, 2011). Certifications: FCRA Certified, Consumer Data Industry Association (March, 2012 – March, 2014). Education: University of Missouri-Kansas City, Bachelor’s Degree, Economics, 3.83 (2004 – 2007).

Susan Hickey was promoted to First Vice-President, Assistant Portfolio Manager for the Eastern Division, Crestmark Bank. She joined the bank August, 1989. "Before joining Crestmark, Hickey worked for Triad Financial, a factoring company based in Bloomfield Hills, Michigan. In 1996, she became part of Crestmark when it acquired a controlling interest in Triad. Since then, Hickey has had key roles in accounting, sales, and underwriting. She was an early proponent of software-based collateral monitoring, and was part of a team overseeing its implementation. In the past, she was on the team managing acquisition transitions. In recent years, her primary responsibility has been portfolio management. In early 2015, she was promoted to vice president, assistant portfolio manager for the Eastern Division, which covers all states east of the Mississippi."  Education: Oakland University (1984-1989).


Torrie Inouye was promoted to President at National Funding, San Diego, joining other female heads of FinTech companies, such as Kate Hao of Happy Mango ( Ms. Inouye joined National Funding September, 2014, with her last position as Executive VP of Data & Analytics.  She had worked at National Funding as Corporate Strategy Analyst (August, 2004-December, 2007); Sr. Marking Director, CapNet Financial Services (January, 2008-December, 2008); Vice President, Sr. Business analyst, Union Bank (March, 2009-December, 2011. Previously she was at Intuit, starting as Sr. Business Analyst, December 2011, promoted to Staff Business Analyst, September, 2013.  She originally began her career as Credit Analyst, Providian Financial (August, 2001-July, 2002); Executive Personal Assistant, Laffer Associates (January, 2004-July, 2004). Education: Stanford University, BA, Economics (1997 – 2001). Iolani School

Bill Kearney was hired as Senior Managing Director at Encina Business Credit, LLC, Atlanta, Georgia.  Previously, he was Managing Director CIT Corporate Finance (2003 – April, 2016); Senior Vice President, Deutsche Financial/Leveraged Finance Group (1995 – 2000); VP, Bank of Boston (1985 – 1995). Education: University of Florida, Bachelors, Economics (1980 – 1983). Activities and Societies: Chi Phi Fraternity; Captain of UF Debate Team. Pine Crest School

Terri Morse was hired as Financial Solutions Manager - US Enterprise, Cisco Systems Capital, Greater New York City Area. Previously, she was Regional Sales Manager, Creekridge Capital (2014 – 2016); Major Account Sales Manager, Konica Minolta Business Solutions U.S.A., Inc. (2011 – 2014); Major Account Sales Manager, IKON Office Solutions, A Ricoh Company (2009 – 2011); National Account Manager, Macquarie Group (2006 – 2009); Major Account Executive, Canon Business Solutions (1998 – 2007); Account Executive, Canon Financial Services (1996 – 1998). Volunteer: EMT-B, Midland Park Ambulance Corps. Education: Felician College, Bachelor's Degree, Management, Summa Cum Laude. Activities and Societies: Sigma Beta Delta, International Honor Society in Business, Management and Administration

Bill Pitcairn was hired as Senior Account Manager, CoreTech Leasing, Inc., Newport Beach, California. He is based out of the Greater New York City area.  Previously, he was Vice President, First Financial Corporate Services, Inc. (October, 2013 – April, 2016); Senior Account Manager, Presidio Technology Capital (February, 2012-October, 2013): Senior Account Manager, Cisco Capital (May, 2008-March, 2010). Marist College, BS Marketing and Economics, Sales, Accounting and Economics, 3.44 (1971 – 1975).

Frederic "Fred" St. Laurent was hired as Senior Executive Recruiter at Bankers1st, Greater Atlanta Area. Previously, he was CEO, The Book Club Network, Inc. (November, 2012 – March, 2016); Principal/South East, Knightsbridge Advisors, Inc. (September, 2011 – November, 2012); Managing Director, SCI Partners (September, 2008 – September, 2011); CEO President, SFBI Recruiters DBA MRI Big Creek (January, 2000 – November, 2008); Senior Account Manager, MRI (December, 1990 – March, 2000); Lights and the Accountant in Naked Campus, “Naked Campus” (1980 – 1981). Many publications. Former member of the Leasing News Advisory Board. Honors & Awards: 2009 Account Executive of the Year. 2009 4th Quarter Master Account Executive. 2009 President's Club, 2009 Certified Account Executive. Education: Palm Beach Community College (1976 – 1978); Pinkerton Academy (1969 – 1973). Flagler College

Steve Taylor was hired as National Business Development Manager, Western Equipment Finance, Devils Lake, North Dakota. He is based out of Lake Orion, Michigan.  Previously, he was Regional Vice President, Byline Financial Group (March, 2015 – March, 2016); Director of Business Development, Balboa Capital (February, 2013 – February, 2015); Chief Sales Officer, GSG Leasing (June, 2011 – January, 2013); Vice President, Vendor Development, Varilease
(January, 2008 – March, 2011); SVP, TIP Capital (September, 2003 – October, 2007); Vice President, Siemens Financial Services (2002 – 2003); SVP, Global Program Manager, Apple Financial Services, Heller Financial (1998 – 2002); SVP, Sales & Marketing, Dana Commercial Credit (1990 – 1998). Volunteer: Board of Directors, Coach, Division Commissioner, Lake Orion Youth Baseball League (November, 2006 – Present). Children, Board of Directors, Lakes Community Credit Union (February, 2010). Volunteer, Fund Raising, Michigan Animal Rescue League (June, 2010). Volunteer Mentor, Big Brothers Big Sisters Albion, MI (September, 1978). Organizations: ELFA, Big Brothers / Big Sisters, Meals on Wheels, Lake Orion Youth Baseball League Board of Directors, Lakes Community Credit Union Board of Directors, Michigan Animal Rescue League. Education: Albion College, BA, Economics & Management (1978 – 1982). Activities and Societies: 2007 inductee, Albion College Hall of Fame. Captain, Football & Baseball. Alpha Tau Omega.

Tom Thomasian was promoted to Office Imaging Sales Manager, CIT Group, New York, New York. “(He)...will be responsible for growing revenue and enlarging the dealer network in the Western United States... (He)...comes to CIT with a history of success in sales and business development with a focus in the office products and technology markets. He is a 20-year veteran of the financial services industry whose work history includes sales positions at Element Financial Inc. and De Lage Landen Financial Services."

Don Walsh was hired as Senior Vice President, SCF Business Aviation,  Stonebriar Commerce Financial, Plano, Texas.  He is based in Orange County, California.  Previously, he was Managing Director, Business Aviation Investments, Guggenheim Partners (September, 2010 – April, 2016); Vice President, Corporate Aircraft Finance, US Bank Equipment Finance (December, 2009 – September, 2010); Aviation Specialist, Key Equipment Finance (April, 2004 – November, 2009); Assistant Director Business Aviation, Boeing Capital (1989 – 2004). Education: Pepperdine University, MBA, Finance (1990 – 1992). University of the Pacific, BS, Finance (1983 – 1987).

Ken Walters was promoted to lead EverBank's consolidation of its Capital Equipment Finance and Business Credit under EverBank Business Finance, with offices in New York City and Iselin, New Jersey. Walters previously led EverBank’s Capital Equipment Finance business. He joined the firm June, 2014.  Previously, he was President, Emigrant Business Credit (January, 2011 – June, 2014); Senior Managing Director, Emigrant Capital (September, 2004 – January, 2011); Managing Director, CIT Equity Investments (January, 1997 – August, 2004); Vice President, CIT Equipment Finance (June, 1985 – January, 1997). Education: Rutgers, The State University of New Jersey-New Brunswick, BA, Economics and Accounting (1982 – 1985); Activities and Societies: Graduated with Honors, Member of Phi Beta Kappa Leon Hess School of Business, Monmouth University, Masters of Business Administration (MBA)



Leasing Industry Help Wanted


Please see our Job Wanted section for possible new employees. 


April Beige Book Reports Continued Expansion
Economic Pace Varied Across Districts

The Wall Street Journal summed up the report as positive: "The strong U.S. job market is finally delivering higher wages in nearly every region of the country...The Fed found 11 of its 12 regions reported wage growth in the period between late February and early April, according to its survey of economic conditions known as the beige book."

Beige Book partial summary:

“Reports from the twelve Federal Reserve Districts suggest that national economic activity continued to expand in late February and March, though the pace of growth varied across Districts. Most Districts said that economic growth was in the modest to moderate range and that contacts expected growth would remain in that range going forward. Consumer spending increased modestly in most Districts and reports on tourism were mostly positive. Labor market conditions continued to strengthen and business spending generally expanded across most Districts. Demand for nonfinancial services grew moderately overall. Manufacturing activity increased in most Districts. Construction and real estate activity also expanded. Credit conditions improved, on net, in most Districts. Low prices weighed on energy and mining output as well as prospects for agricultural producers. Overall, prices increased modestly across the majority of Districts, and input cost pressures continued to ease.”

Banking and Finance
“Credit conditions improved, on net, in most Districts, with the exception of Dallas where contacts indicated that the lending outlook remained cautious. Overall, the lending environment remained competitive. Contacts in Richmond said that competition continued to intensify with reports of compression on net interest margins along with an ongoing trend toward bank consolidation. San Francisco said vigorous competition for borrowers was holding down profit margins for some institutions. Boston described the commercial real estate environment as particularly competitive. Business lending grew across several Districts. Commercial and industrial loan demand continued to increase in New York, Philadelphia, St. Louis, and Cleveland. A majority of Districts also noted continued growth in lending for commercial real estate, though Cleveland indicated that the pace of growth had slowed. For consumer lending, New York, Cleveland, and San Francisco all reported increased demand for residential mortgages, while Dallas indicated that growth in mortgage loan volumes had slowed. San Francisco also reported strong growth for revolving credit, and Chicago indicated that credit card utilization rates increased. The Chicago and Philadelphia Districts also cited a pickup in auto loan demand. Reports on changes in credit quality were mixed. Philadelphia and Atlanta noted improvements in credit quality, and Cleveland, New York and Dallas reported that delinquency rates remain low. In contrast, contacts in Dallas said that loan quality continued to mildly deteriorate because of ongoing stress in the energy sector, while contacts in Atlanta said that financial institutions in areas dependent on energy faced continued risk, with some adding to loan loss reserves.”

District Reports:


(Leasing News provides this ad as a trade for appraisals and equipment valuations provided by Ed Castagna)



Leasing/Finance Conferences ---Updated



April 19 - 21
28th Annual National Funding Conference
Siwssotel Chicago
Chicago, Illinois

Paul J. Menzel, CLFP, President & CEO, Financial Pacific Leasing, Inc., 
 a subsidiary of Umpqua Bank, will be reporting on the National Funding
Conference for Leasing News readers.



1st Attendee - Member Company   $795.00
Additional Attendee      $745.00
NonMember Attendee   $1590.00
Committee - Exhibiting Company   $390.00
Committee - Attendee           $390.00

All Funding Sources Sold Out:

Funding Sources as of 03/16/16:

36th Street Capital LLC
Acrecent Financial
Ascentium Capital LLC
ATEL Capital Group
Banc of America Leasing
Banc of California
Bank of the West
BB&T Equipment Finance
BMO Harris Equipment Finance Company
Boston Financial & Equity Corporation
Byline Financial Group
CapitalSource, Inc.
Channel Partners Capital
Citizens Asset Finance, Inc.
Equipment Leasing Group of America, LLC
EverBank Commercial Finance, Inc.
Fifth Third Equipment Finance Company
Financial Pacific Leasing, Inc., an Umpqua Bank Company
First American Equipment Finance, a City National Bank Company
First Bank of Highland Park
First Eagle Bank
Flagstar Bank
Fuyo General Lease (USA) Inc.
GE Capital Markets Group
Huntington Equipment Finance
J.P. Morgan Equipment Finance
Key Equipment Finance
LCA Financial LLC division of Lease Corporation of America
MB Equipment Finance
MB Financial Bank
Mintaka Financial, LLC
Mitsubishi UFJ Lease & Finance (U.S.A.) Inc.
NXT Capital
Origin Bank Equipment Finance
People's Capital and Leasing Corp.
PNC Equipment Finance, LLC
ProMED Healthcare Financing
Santander Bank Equipment Finance
SCG Capital Corporation
Securcor Financial Group
Signature Financial
Societe Generale Equipment Finance
Stearns Bank NA-Equipment Finance Division
Sterling National Bank Equipment Finance Division
Stonebriar Commercial Finance, LLC
Susquehanna Commercial Finance, Inc.
TCF Equipment Finance, a division of TCF National
Univest Capital, Inc.
VFI Corporate Finance
Wells Fargo Equipment Finance
Wintrust Commercial Finance

The Women in Leasing LinkedIn Group will be having a luncheon at the Signature Room at the 95th in Chicago, Illinois, on Thursday, April 21st from 1:00pm – 3:00pm just after the 28th Annual ELFA National Funding Conference. Cost is $45. Please email credit card information.

Shari Lipsky, CLFP
ECS Financial Services

There are a few ladies that have already let me know that they can’t make it on Thursday, so I am looking at putting a small group of 4-6 together for Tuesday at 1:00. If you would be interested in that lunch, please email me.


Transact 16
April 19 – 21
Las Vegas, Nevada
4,000 Attendees

Registration Rates:


April 28 – April 30, 2016
2016 Annual Conference
25th Anniversary
Tropicana Las Vegas
Las Vegas, NV

Dwight Galloway
SVP Broker Funding
RLC Funding
Columbia, South Carolina
Dwight Galloway will be covering the conference for
Leasing News with a report to follow for readers not attending.

Every week until the conference, NAELB will draw the name of a Broker registered to attend the conference to win a free airport transfer by limousine! Register now for your chance to win!!

Current Attendee List (04/08/16)
13 Associates companies (4 have two attending)
59 Brokers (7 with two)
61  Funder companies (many have two, several three)
Attendee List

Exhibitor Listing  (as of 04/14/16
360 Equipment Finance
Amerisource Funding
Axis Capital
Banc of California, N.A.
Bankers Capital
BlackRiver Business Capital, LLC
Blue Bridge Financial, LLC
Bryn Mawr Funding
BSB Leasing
C.H. Brown Co., LLC
Capital  Quality Leasing Co., Inc
Channel Partners Capital -
CLFP Foundation
Cobra Capital LLC
Commercial Funding Partners
Dakota Financial, LLC
Eagle Business Credit LLC
Equipment Data Associates
Equipment Leasing Group of America, LLC
Financial Pacific Leasing, Inc.
First Federal Leasing
FirstLease, Inc.
Fora Financial, LLC
Funding Circle
Global Financial & Leasing Services
KS State Bank, Baystone Government Finance
Marlin Business Service Corp.
Maxim Commercial Capital
Navitas Lease Corp.
NCMIC Finance Corporation
NFS Leasing
North Mill Equipment Finance, LLC
Orange Commercial Credit
Paradigm Equipment Finance
Pawnee Leasing Corporation
Pinnacle Specialty
Preferred Business Solutions/ELB Tools
Quality Leasing Company
Quiktrak, Inc
SmartBiz Loans, LLC
Summit Leasing, Inc.
Team Funding Solutions
Quiktrak Inc
RapidAdvance, LLC
Tetra Financial Group

Full Conference Rates       

Broker - Member: $525
Broker - Non-Member: $625
Additional Broker – Member: $475
Additional Broker - Non-Member: $575
Funder/Associate – Member: $675
Funder/Associate - Non-Member: $775
Additional Funder/Associate – Member: $625
Additional Funder/Associate - Non-Member: $725



36th Annual AGLF Conference
Racing Toward Excellence in Public Finance
Wednesday, May 4 – Friday, May 6, 2016

Omni Charlotte Hotel, Charlotte, North Carolina

Conference Information
Message from the Chairman
Preliminary Agenda
Keynote Bio: Chris Taylor
Keynote Bio: Charlie Wittmack
Keynote Bio: Mark Vitner 

Register Online Now!
Print Registration Form

Sponsorship Opportunities

Thursday Night Event
Need for Speed Event at the NASCAR Hall of Fame
Sponsored by Capital One Public Funding, LLC
Late Night with AGLF - Drinks and Dessert at the Omni Charlotte Hotel

Hotel & Travel
Hotel Reservations
Travel Information
Things to do in Charlotte



September 16-17, 2016
2016 Eastern Regional Meeting
Cincinnati Airport Marriott
Hebron, KY
Conference Chair:
Rodny Blecha, Precision Leasing



Second Annual Conference
Announcing Our Second Annual 
October 4th - 6th, 2016
Red Rock Casino & Resort
Las Vegas, Nevada

Over 300 of the nation’s top commercial loan, leasing and mortgage brokers will be converging on Red Rock Resorts on October 4-6 to meet the top lenders and service providers that cater to the brokerage community. These brokers are responsible for over $5 billion in small business and commercial financing each year.

This NACLB annual conference will provide education and networking between brokers lenders and service providers.

However, the primary benefit of the conference will be to provide enormous growth opportunities for both brokers and bankers to grow their loan portfolios and increase revenues and profits.

Now is your chance to get DEAL FLOW, QUALITY ISO’s and COMMERCIAL BROKERS
Go to our website for more information:



October 5 – 7
Chicago, Illinois



October 23 -25th
2016  55th Annual Conference
Palm Desert Springs
Palm Desert, California

October 23 – 26
Las Vegas, Nevada
(75% of exhibit space/sponsorship booked)


November 11-12, 2016
2016 Western Regional Meeting
Doubletree by Hilton Hotel Anaheim-Orange County
Orange, CA


(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)





Restrictive Endorsements Can Trap
The Equipment Lessor
By Tom McCurnin
Leasing News Legal Editor

Stupid Little One Liners on the Backs of Checks
May Discharge Your Lease Obligation

Last month, for the first time in nearly a decade, a lessor presented me with the issue of a lessee providing a check to the lessor with a restrictive endorsement, which purported to state an accord and satisfaction. Although the lessor cheerfully cashed the check, the funds were returned within 90 days. 

This got me to thinking that perhaps it’s time to revisit our old friend, Uniform Commercial Code § 3-311 which covers restrictive endorsements. Whether or not your company is at risk will depend on your documents and how you process checks of these types. It will also depend on what choice of law is stated in your documents. I did some “google” research on the issue and found quite a few deadbeat debtor blogs which provide pretty good instruction on §3-311 and a list of the States in which this trick works. 

But let’s look at two hypotheticals. 


The lessor process two checks from two lessees.

Lessee Number One, has a $75,000 lease obligation in its third year and the $75,000 balance is representative of actual balance as of that date. To date, there have been no complaints from the lessee that the balance is other than what has been repeatedly stated in the monthly statements. The lessee sends a $10 check to the corporate headquarters of the lessor, and the mailroom forwards the check to the processing department which processes the check and receives payment for $10. 

Lessee Number Two has a $75,000 lease obligation on a dollar out lease which has matured and consists of multiple months of “evergreen” renewals. The lessee stupidly forgot to notify the lessor and the evergreen renewals have been accruing for over a year. The lessee has complained in writing and over the phone that this is unfair. The lessee sends a $10 check to the corporate headquarters of the lessor, and the mailroom forwards the check to the processing department which processes the check and receives payment for $10. 

Each check is marked “PAYMENT IN FULL” on the memo line on the front of the check an endorsement on the back that reads: 

Endorsement of this check acknowledges payment in full for lease number xxx123 and satisfaction of any and all claims of Payee arising out of the lease.

The lessor endorses each check and receives payment and does not return the check. Can the lessee argue that the lease obligation has been discharged? The answer is “yes” in most States, but “no” in other States. 

The applicable statute is Uniform Commercial Code § 3-311. The official version states that a restrictive endorsement is effective to discharge the debt if the check was properly mailed to the address designated by the lessor to receive communications relative to disputed debts. Most States, including California, follow this rule. Some States have enacted a non-uniform version of § 3-311 which does not discharge the debt. These States include Oregon, New York, Ohio, South Dakota, and West Virginia. 

This article assumes the reader is concerned about the majority view on this area.

The Law

In order for the restrictive endorsement to be effective, the debtor must establish the elements of an accord and satisfaction:

• First, there must be a bona fide, good faith dispute over the balance. If the lease balance is $75,000 and the lessee sends in a $10 check, it is unlikely that a court would enforce the restrictive endorsement, unless the borrower actually felt the entire obligation, save and except $10, had been discharged.  This will be a question of fact, which will depend on the facts of the loan and the balance. Clearly Lessee Number One really has no dispute and Lessee Number Two does. 

• Second, the check must have a restrictive endorsement which clearly and unequivocally states that the payee, by endorsing the check, waives and releases any rights it may have with respect to the subject matter of the check. The checks for both lessees satisfy this requirement. 

• Third, the check must be sent to the lessor. However, if the lessor designates in writing, in a conspicuous portion of the obligation that such communications have to be sent to a particular address, then the lessee must send the check to the designated location.  In our example, the lease did not contain such a designated address. 

• Fourth, the creditor has a safe harbor provision to discover and return the proceeds within 90 days. In our example, both lessees sat on the matter for at least 90 days and then asserted an accord and satisfaction. 

The Conclusion

Lessee Number One probably loses. What he was really trying to do was take advantage of the lessor’s stupidity and automatic check processing. 

Lessee Number Two probably wins. While the lessor may have had the legal right to renew the lease, the fact remains that the lessee thought there was a dispute, and sent a check to the right location, which was cheerfully cashed by the lessor without protest. 

What Can the Lessor Do To Avoid Restrictive Endorsements?

Other than moving to New York (which has wisely circumvented this law with a non-uniform version of § 3-311), the lessor would be wise to do the following:

•  The lease should have language in the document which directs the lessee to send all communications relative to a legal dispute over the balance to a specific department and person. Hopefully, this back-end person will have training on restrictive endorsements and would return the check. 

•  All leases which are subject to dispute by phone call or letter should be flagged and again, the back-end person identified above should receive a report of problem accounts, a list of payments, and copies of checks. If the lessor is still stupid enough to deposit checks with a restrictive endorsement, then at least the back-end person will become aware of the check and can return it.

•  Again, review such checks bearing a restrictive endorsement, and return the proceeds within 90 days of the receipt. The Code gives the creditor this mulligan, but only for 90 days. 

•  Don’t bother scratching out the endorsement and depositing the check. That’s a great idea, but it won’t work in the majority of most States. 

The bottom line is that restrictive endorsements are a clever trick used by clever borrowers to avoid legitimate obligations. The secret to avoid this issue is to be a little more clever than the debtors are. 

Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Visit our web site at
Previous Tom McCurnin Articles:

Previous Tom McCurnin Articles:


Fernando's View
By Fernando F. Croce

A bittersweet drama ("Demolition") and a virtuosic exercise ("11 Minutes") make for a contrasting double-bill of new releases, while DVDs offer a brilliantly provocative Western ("The Hateful Eight"), a ripping blockbuster sequel ("Star Wars—The Force Awakens"), and a stone-cold Hollywood classic ("Only Angels Have Wings").

In Theaters:

Demolition (Fox Searchlight Pictures): Canadian director Jean-Marc Vallée ("The Dallas Buyers Club," "Wild") continues his run of showcases for strong performances in this bittersweet drama, which boasts a compelling turn by Jake Gyllenhaal. Gyllenhaal stars as Davis Mitchell, a New York investment banker struggling with the death of his wife in a car accident. Despite support from his father-in-law and boss (Chris Cooper), he remains numb with grief until an incident involving a vending machine catches the eye of Karen (Naomi Watts), a customer service rep with problems of her own. Together, the two forge a friendship that doubles as therapy for their troubled lives. Working with metaphors for emotional destruction and rebuilding, Vallée's film gets much of its impact from the humor and heart that Gyllenhaal and Watts bring to their characters.

11 Minutes (IFC Films): Veteran Polish director Jerzy Skolimowski ("Deep End") delivers another invigoratingly strange cinematic experience with this multi-character drama, set in Warsaw over the course of a few fateful minutes. Charting the ways the lives of a disparate group of people intertwine, the narrative hops from one character to another in quick, jagged ways—they include a young actress (Paulina Chapko) and her encounter with a seedy director (Richard Dormer), a hot-dog vendor (Andrzej Chyra) whose troubled past is teased bit by bit, and a courier (Dawid Ogrodnik) who might be unwittingly involved with a crime. Though a description might suggest the self-serious overreaching of "Crash" or "Babel," Skolimowski's sardonic view is closer to off-kilter black comedy. The results are stylistically virtuosic and devilishly bracing. With subtitles.

Netflix Tip: Though his latest film suggests the work of an eager young director, "11 Minutes" helmer Jerzy Skolimowski has nearly five decades of experience under his belt. So check out Netflix for some of his previous hits, which include "Deep End" (1970), "Moonlighting" (1982), "Four Nights with Anna" (2008), and "Essential Killing" (2010).


The Hateful Eight (Anchor Bay): Award-winning provocateur Quentin Tarantino ("Pulp Fiction," "Inglorious Basterds") gathers many of his favorite actors and sharpens his trademark provocative dialogue for this viciously entertaining blend of Western and whodunit. Set in a snowy corner of Wyoming following the Civil War, the story charts the various tensions simmering as a group of bilious strangers are stranded by a blizzard in a shop. There's a battered prisoner (Jennifer Jason Leigh) chained to a bounty hunter (Kurt Russell), a former Union fighter (Samuel L. Jackson) butting heads with a Confederate rebel (Walton Goggins), and a whole slew of untrustworthy characters. Who will be left standing at the end? Brutal and confrontational as it often is, Tarantino's film is a masterfully assembled genre piece that doubles as an acidic mirror of American history.

Star Wars—The Force Awakens (Walt Disney): Fans of cinema’s most successful sci-fi franchise can finally breathe again: George Lucas’ phenomenally popular “Star Wars” series has been triumphantly retooled by director J.J. Abrams, who revisits many favorite characters while breathlessly pushing the saga forward. Taking place decades after “The Return of the Jedi,” the story returns to the nefarious machinations of the Galactic Empire, as an evil new leader known as Kylo Ren (Adam Driver) hunts down members of the resistance. Help comes from an unlikely team, young scavenger Rey (Daisy Ridley) and ex-storm trooper Finn (John Boyega). Veterans such as Han Solo (Harrison Ford) and Leia (Carrie Fisher) are back in the fight, but can they find Luke Skywalker (Mark Hamill) himself? Bursting with new worlds and creatures, Abrams’ blockbuster is the ripping sequel “Star Wars” aficionados have longed for.

Only Angels Have Wings (Criterion): Director Howard Hawks made classics in practically every Hollywood genre, from Westerns to musicals, though to many buffs his ideal project was this beautifully stylized 1939 adventure-drama, set in an airmail company in a fictional South American port. Cary Grant stars as Geoff, a flyer whose all-male unit is rattled by the entrance of Bonnie Lee (Jean Arthur), an American piano player who becomes fascinated by his attitude. In addition to their tentative romance, intrigue springs from Geoff’s gorgeous former flame (Rita Hayworth) and her current husband (Richard Barthelmess), an old pilot with his own disputes to clear. With a dangerous mission just around the corner, can these characters work together? As much an icon of classic cinema as “Casablanca,” Hawks’ masterpiece remains a must-see.



Labrador Retriever/Bluetick Coonhound/Mixed (short coat)
Akron, Ohio  Adopt-a-Dog

1-2 Years Old
Size: Medium
Up-to-date with vaccines
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"I'm so excited to go home with you today! Come meet me at the One of a Kind Pet Rescue adoption center at 1929 W. Market St. in Akron, OH 44313. You can adopt me Monday-Friday from 11am-8pm, Saturday from 10am-8pm, and Sunday from 12pm-6pm."

One of a Kind Pet Rescue, Inc.
1929 West Market Street
Akron, OH 44313
(330) 865-6200


Adopt a Pet


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News Briefs---

Largest Banks in the World
  China first four, Japan, UK, JP Morgan #7

North Carolina loses 250 bank jobs over 'anti-LGBT' law
   Deutsche Bank Cuts Back on New Jobs

Gartner Says Worldwide PC Shipments Declined 9.6 Percent in First Quarter of 2016

Northern Leasing Systems Sued Again

Mortgage rates hit lows not seen in nearly three years
  30yr 3.58%,   15yr 2.86%  5yradjustable 2.84%

How coal titan Peabody, the world’s largest, fell into BK
  Shares of Stock Have Plunged 99 Percent

SEC and Vermont allege ski resort mishandled $200 million




--You May Have Missed It

Pay phones: Is that still a thing?
Data shows drop-off of 70 percent, but thousands still plug away



SparkPeople--Live Healthier and Longer

Food Showdown: Which Berry is Higher in Antioxidants?


Spring Poem


When daisies pied and violets blue
   And lady-smocks all silver-white
And cuckoo-buds of yellow hue
   Do paint the meadows with delight,
The cuckoo then, on every tree,
Mocks married men; for thus sings he,
Cuckoo, cuckoo: Oh word of fear,
Unpleasing to a married ear!
When shepherds pipe on oaten straws,
   And merry larks are plowmen’s clocks,
When turtles tread, and rooks, and daws,
   And maidens bleach their summer smocks,
The cuckoo then, on every tree,
Mocks married men; for thus sings he,

Cuckoo, cuckoo: Oh word of fear,
Unpleasing to a married ear!




Sports Briefs----

Titans Trade No. 1 Overall Pick in 2016 NFL Draft to Rams

Panthers vs. Broncos season opener highlight NFL schedule

10 regular season games with the best storylines

The Kaepernick Triangle

Titans win big, 49ers hurt in blockbuster deal for top pick

Kings fire Coach George Karl


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California Nuts Briefs---

New advisory group to tackle Sacramento cemetery rose garden issue


“Gimme that Wine”

Grgich given key to city; private dining room named for him

Constellation Buying Brands Rather Than Wineries

Bordeaux 2015 en primeur: Little room for error, say merchants

Best North Coast wines determined at North Coast Wine Challenge

Napa’s Fish Friendly Farming bolsters vineyard certification to get Sonoma County OK

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US/International Wine Events

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This Day in American History

     1715 - For years, the Yamasee Indians confederation and the Carolinian colonists conducted slave raids upon Spanish-allied Indians and attacked St. Augustine in Spanish Florida.  On this day, the Yamasee joined an intertribal war against the British, triggering the Yamasee War, which lasted until at least 1717.  British Governor Charles Craven defeated the Yamasee at Salkechuh (Saltketchers, Salkehatchie) on the Combahee River. The tribe was driven across the Savannah River back into Florida.  The Yamasee then migrated south to the area around St. Augustine and Pensacola, where they allied with the Spanish against the British. In 1727, the British attacked the tribe's settlement and slaughtered most of them. Some survivors joined the Seminoles and some joined the Hitchiti people and disappeared from the historical record.
    1738 – The bottle opener was invented.
    1741 - Birthday of Charles Wilson Peale (d. 1827) at Queen Anne County, MD.  American portrait painter best known for his many portraits of colonial and American Revolutionary War figures.  His children Raphael, Rembrandt, Titian and Sarah were also artists.  ttp://
    1783 - Peace with Britain until 1812. Through seven long years of war, the longest war the United States ever fought until Vietnam, the army under Washington remained true to the cause. But the spirit of sacrifice even among army men wasn’t universal. Desertions became so common that some scheduled attacks had to be canceled for lack of men to fight them.  Gelb tells of a general in the South who discovered in the midst of a major assault that the seven thousand troops under his command had dwindled to only three thousand, resulting in a disastrous rout.  It’s estimated that up to a third of the soldiers in the Revolutionary Army deserted. Some left to return home to their families or to join their state militias, but probably most got tired of the war or were scared of dying.
    1817 - The Erie Canal was authorized by the New York legislature. Jesse Hawley interested New York Governor DeWitt Clinton in the project. There was much opposition, and the project was ridiculed as "Clinton's folly" and "Clinton's ditch."  Clinton received approval from the legislature for $7 million for construction.  When completed and opened for traffic on October 26, 1825, this 360 mile wide canal connecting the waters of Lake Erie at Buffalo with the waters of the Hudson River at Albany, became a major transportation hub for the growth of the area.
    1817 - Thomas Hopkins Gallaudet and Laurent Clerc founded the first US public school for the deaf, Connecticut Asylum for the Education and Instruction of Deaf and Dumb Persons (now the American School for the Deaf), at Hartford, CT.
    1829 - Birthday of Dr. Mary Harris Thompson (d.1895), Ft. Ann, NY.   A physician, she founded Chicago Hospital for Women and Children and was the first female surgeon in the U.S. She studied a year with Elizabeth and Emily Blackwell, the first woman doctors. When in training in a regular hospital, she received a great deal of the same kind of sexually harassing ridicule that the Blackwells had received while studying to be doctors.
     1843 - Birthday of Henry James (d. 1916), novelist and critic, born at New York, NY. Among his best-known works are “The Portrait of a Lady,” “Washington Square” and “The Ambassadors.”
     1850 - Birthday of John Longyear (d. 1922), Lansing, MI.  American capitalist, landowner, philanthropist, one-time mayor of Marquette, MI. Disapproving of a railway route through Marquette, he caused his home, a stone castle-like showplace, to be torn down in 1903 and moved, stone by stone and stick by stick, in more than 190 freight cars and re-erected at Brookline, MA. 
     1850 – The first city charter went into effect as San Francisco was incorporated as a city. During the year ended today, 60,244 men and only 1979 women arrived in San Francisco.
     1862 - Thomas Wentworth Higginson receives a letter from Emily Dickinson containing four poems, which launches her "career." Only a few are published in her lifetime.
     1865 - Abraham Lincoln, 16th President of the United States of America, died at 7:22 a.m. Lincoln had been shot in the back of the head the previous evening while attending a performance of "Our American Cousin" at Ford’s Theatre in Washington, D.C. The assassin, John Wilkes Booth, escaped, only to be hunted down and shot to death. Lincoln was carried to a boarding house across the street from the theatre. He never regained consciousness. This was Booth’s second attempt, but a change in theater plans a month earlier thwarted it. When this became known, it was thought the April 14th assassination was planned by a group. In the afternoon of the 15th, Vice-President Andrew Johnson was sworn in as 17th president of the United States. He completed Lincoln’s term and changed the course of Reconstruction. Five days earlier, General Lee had surrendered at the Appomattox Court house, virtually ending the war. It would be eleven days later that General Joseph E. Johnston surrendered the Confederate Army of Tennessee to General Sherman near Durham Station, NC, and a few weeks later, on May 10th, Jefferson Davis was captured at Irwinville, GA, by a contingent of General James H. Wilson’s cavalry, led by Lt. Col. Benjamin Pritchard.
    1865 - Birthday of Emily James Smith Putnam (d. 1944), Canandaigua, NY.  First dean of Barnard College and the writer of a major historical study of women: “The Lady: Studies of Certain Significant Phases of Her History” (1910). As a dean, a trustee, and a teacher, she was one of the great women who developed Barnard into a major educational opportunity for women. She resigned as dean in 1899 to marry and then became a trustee of the college to continue her drive to equalize Barnard's academic relationship with Columbia University. She returned to teaching at Barnard in 1914, permanently retiring in 1930. She authored a number of important historical studies and biographies.     
    1873 - A famous Easter blizzard raged across Kansas, Nebraska and South Dakota. Gale force winds blew the wet snow into massive drifts; however there were few deaths due to the sparse population and due to the gradual increase of the storm.
    1886 - A devastating tornado, 800 yards in width at times, cut a twenty mile path through Saint Cloud, MN killing 74 persons. The bottom of the Mississippi River was said to have been seen during the tornado's crossing. Eleven persons were killed at a wedding party near the town of Rice.
    1889 - Birthday of Thomas Hart Benton (d. 1975), at Neosho, MO. An artist whose work was indicative of the American style of painting known as Regionalism, his works of life in the Midwest and South were not always flattering to their subjects, but his style became known as a truly American style of painting.
    1894 - Birthday of jazz/blues singer legend Bessie Smith (d. 1937), Chattanooga, TN. She was known as the Empress of the Blues. Her voice and songs tore the heart out of her listeners as she demanded they weep, laugh, and then face life as it was dealt. Her first recording, "Downhearted Blues," sold two million copies. She was queen of all she surveyed during the 20s and early 30s but a disastrous marriage and unwise financial decisions left her impoverished. Her more than 150 records are greatness preserved and her one movie “St. Louis Blues,” that was banned for being too realistic, is part of the Museum of Modern Art movies section.
Her vocal greatness was recognized early by the great Ma Rainey who hired the 12-year-old to sing in her minstrel review. Like so many of her sister blues singers, the bottle became her refuge in a life that just didn't seem to hang together. Unlike Billie Holiday who went the same disastrous booze and drugs route, her voice continued strong. She died in 1937 after an automobile accident in Mississippi. A white hospital refused her admittance and she died on the operating table of the black hospital some miles away. 
    1896 - Birthday of May Edward Chinn (d. 1980), Great Barrington, MA.  Although considered one of the first Black women physicians in New York City, she was half Amerind. Her mother was a full-blood from the Chickahominy tribe. It was her mother whose respect for education drove her. Her research work led to the development of the Pap smear to detect cervical cancer. She was the first non-white woman to graduate from Bellevue Hospital. For years she was only allowed to practice medicine at Harlem Hospital which necessitated her starting her own private practice. During her training, she rode ambulances as a paramedic, one of the first women to do so in the U.S. Chinn's father escaped slavery from a Virginia plantation at the age of 11. She continued in private practice until she was 81.
1898 - Birthday of Marian Driscoll (d. 1961), Peoria, IL.  During the golden era of radio, she was the Molly of one of its most popular shows, “Fibber McGee and Molly.” She portrayed the much suffering wife married to a dreaming impractical husband, her real-life husband, James Jordan. Well, it was funny on radio
    1898 - Birthday of trumpet player Theodore “Wingie” Carpenter (d. 1975), St. Louis, MO.  Carpenter lost his left arm as the result of an accident during his early teens, with the amputation performed by a noted surgeon who was an uncle of jazz musician Doc Cheatem.  Sometime later, he took up the trumpet and, by 1920, he was working in traveling carnival shows.  He was one of several one-armed trumpeters who worked in the music business.
    1912- The unsinkable luxury liner HMS Titanic on its maiden voyage from Southampton, England, to New York, NY, struck an iceberg just before midnight Apr 14, and sank at 2:27 AM, Apr 15.  Titanic had 2,224 persons aboard. Of these, more than 1,500 were lost. About 700 people were rescued from the icy waters off Newfoundland by the liner Carpathia, which reached the scene about two hours after Titanic went down. It is reported a ship closer did not come to the rescue due to illegals aboard. Many movies and documentaries about the monumental disaster have been filmed over the years. However, none had the exacting data gleaned by scientists from the 1986 expedition aboard "Atlantis II". Dr. Robert Ballard headed a crew and a robot named Jason in a descent to the deck of the "Titanic" aboard "Alvin", a submersible craft. They returned with information and photos that challenged and verified stories from the past. After years of studying the facts, the 1997 Academy Award-winning film, "Titanic", recreated the ship to the tiniest detail including the design on the elegant china. Although the films love story is fictitious, the true tragedy of Titanic can now be seen by the world several decades later.
    1917 - Hans Conried (d. 1982) was born in Baltimore, MD.  An actor: “My Friend Irma,” “Bus Stop,” “Oh! God: Book 2,” “Tut & Tuttle,” “The Monster that Challenged the World.”  Host: “Fractured Flickers” TV Series and other great cartoons. He is best known as Uncle Tonoose in “The Danny Thomas Show.” He was a frequent guest on the Jack Paar “Tonight Show.” A great influence on the humor of This Day in History written by the editor of Leasing News.,7621,BIO-P+14584,00.html
    1918 – Babe Ruth pitched a four-hit, 7-1 victory over the Philadelphia A’s. Red Sox manager Ed Barrow started will start Ruth's conversion to slugger later that season by working him into 72 games in the outfield and 1B.
    1920 - Birthday of Hilda Simms (d. 1994), American stage and film actress, born Hilda Moses at Minneapolis, MN. She joined the American Negro Theater at Harlem, NY, in 1943 and was given the title role in “Anna Lucasta.” When the production moved to Broadway in 1944, it became the first all-black production to be performed on Broadway without a racial theme. Simms was the creative arts director of New York State's human rights division, through which she was instrumental in bringing discrimination against black actors to public attention during the 1960s.
     1920 - Two security guards are killed during a mid-afternoon armed robbery of a shoe company in South Braintree, Massachusetts. Out of this rather unremarkable crime grew one of the most famous trials in American history and a landmark case in forensic crime detection.  Police caught Nicola Sacco and Bartolomeo Vanzetti, who were each carrying loaded weapons at the time of their arrest. Sacco had a .32 caliber handgun-the same type as was used to kill the security guards-and bullets from the same manufacturer as those recovered from the shooting. Vanzetti was identified as a participant in a previous robbery attempt of a different shoe company. Sacco and Vanzetti were anarchists, believing that social justice would come only through the destruction of governments.  Sacco and Vanzetti were found guilty and sentenced to die. However, the ballistics issue refused to go away as Sacco and Vanzetti waited on death row. In addition, a jailhouse confession by another criminal fueled the controversy. In 1927, Massachusetts Governor A. T. Fuller ordered another inquiry to advise him on the clemency request of the two anarchists. In the meantime, there had been many scientific advances in the field of forensics. The comparison microscope was now available for new ballistics tests and proved beyond a doubt that Sacco's gun was indeed the murder weapon. A defense expert was even reported to have remarked upon seeing the new results, "Well, what do you know about that?" Sacco and Vanzetti were executed in August 1927, but even the new evidence didn't completely quell the controversy. In October, 1961, and again in March, 1983, new investigations were conducted into the matter, but both revealed that Sacco's revolver was indeed the one that fired the bullet and killed the security guards.
    1922 - Birthday of Harold Washington (d. 1987), Illinois legislator and Mayor of Chicago (1983-87), at Chicago, IL.  Harold Washington was one of the first African Americans to head a major US city. He was instrumental in tearing down Chicago's famed Democratic machine, a holdover from the many decades of domination by the Richard J. Daley administration.
    1921 - Two mile high Silver Lake, CO, received 76 inches of snow in 24 hours, the heaviest 24 hour total of record for North America. The storm left a total of 87 inches in twenty-seven and a half hours.
    1923 - Insulin became available for general use. It was first discovered in 1922. Today, insulin is used daily in the treatment of diabetes. It is extracted from the pancreas of sheep, oxen and by other means, including systemization in the laboratory. Insulin, a natural and vital hormone for carbohydrate metabolism in the body, is manufactured by the pancreas. An overabundance of insulin causes insulin shock and leads to a variety of symptoms, including coma.
    1923 - Dr. Lee DeForest’s Phonofilm, the first sound-on-sound film motion picture, was demonstrated for a by-invitation-only audience at the Rivoli Theatre in New York City. The guests saw "The Gavotte", a man and woman dancing to old-time music and "The Serenade", four musicians who played on wind, percussion and string instruments.
    1927 - Serge Koussevitsky directed the Boston Symphony in the first performance of Frederick Converses symphony, "Flivver Ten Million", a salute to the Tin Lizzie automobile.
    1927 - New Orleans LA was drenched with 14.01 inches of rain, which established a 24 hour rainfall record for the state.
    1933 - Birthday of Elizabeth Montgomery (d. 1995) in LA.  Although she starred in a number of TV films, she will always be remembered for her portrayal of Samantha in the long running TV series “Bewitched” (1954-72) and outliving two husbands on the show. In 1977, she played in one TV’s first drama involving interracial relationships when, in “A Killing Affair,” she played a police detective having an affair with her married partner, played by OJ Simpson.
    1940 - Birthday of William Henry “Willie” Davis (d. 2010), Mineral Springs, AR.   Over a 20-year Major League career, mostly with the Dodgers, he was the center fielder who replaced Hall of famer Duke Snider.  His 39-game hitting streak is still the Dodgers’ best.
    1940 - Birthday of Ohil Lesh, born in Berkeley, California. Lesh is a bassist and a founding member of the Grateful Dead. After the band's disbanding in 1995, Lesh continued on the tradition of Grateful Dead family music with side project Phil Lesh and Friends, which pays homage to the Dead's music by playing their originals, common covers, and the songs of the members of his band, which changed consistently. Phil and Friends are viewed by many fans as the premier post-Dead band.
    1942 - Birthday of Walt Hazzard (d. 2011), Wilmington, DE.  He was a college, Olympic and NBA basketball player and college basketball coach. He was best known for his association with the UCLA men’s team, having been a star player for that team when it won its first national championship in 1964 and having served as the team's head coach in the 1980s.
    1943 - Birthday of singer Mighty Sam McClain (d. 2015), Monroe, LA.,7621,BIO-P

    1945 - Lionel Hampton big band, along with gust trumpet player Dizzy Gillespie, play Carnegie Hall, New York City.
    1945 - GONSALVES, HAROLD, Medal of Honor
Rank and organization: Private First Class, U.S. Marine Corps Reserve. Born: 28 January 1926, Alameda, Calif. Accredited to: California. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as Acting Scout Sergeant with the 4th Battalion, 15th Marines, 6th Marine Division, during action against enemy Japanese forces on Okinawa Shima in the Ryukyu Chain, 15 April 1945. Undaunted by the powerfully organized opposition encountered on Motobu Peninsula during the fierce assault waged by his battalion against the Japanese stronghold at Mount Yaetake, Pfc. Gonsalves repeatedly braved the terrific enemy bombardment to aid his forward observation team in directing well-placed artillery fire. When his commanding officer determined to move into the front lines in order to register a more effective bombardment in the enemy's defensive position, he unhesitatingly advanced uphill with the officer and another Marine despite a slashing barrage of enemy mortar and rifle fire. As they reached the front and a Japanese grenade fell close within the group, instantly Pfc. Gonsalves dived on the deadly missile, absorbing the exploding charge in his own body and thereby protecting the others from serious and perhaps fatal wounds. Stouthearted and indomitable, Pfc. Gonsalves readily yielded his own chances of survival that his fellow marines might carry on the relentless battle against a fanatic enemy and his cool decision, prompt action and valiant spirit of self-sacrifice in the face of certain death reflect the highest credit upon himself and upon the U.S. Naval Service.
    1947 - Jackie Robinson became the first black American to play in the Major Leagues in the 20th century when he made his debut for the Brooklyn Dodgers against the Boston Braves. Robinson went 0-for 3 but scored the deciding run as the Dodgers prevailed 5-3.
    1950 - Buck Rogers appears on TV. At first a radio show, "Buck Rogers" premiered on ABC. Buck was an average American who woke up from a cave behind Niagara Falls to find himself in the year 2430. There were a number of changes to the cast during the show's short duration. Three actors played Buck Rogers in the series: Earl Hammond, Kem Dibbs and Robert Pastene. Two actresses portrayed Wilma Deering: Eva Marie Saint and Lou Prentis. Two actors would also play Dr. Huer: Harry Southern and Sandfor Bickert.  The last show of this iteration aired Jan. 30, 1951.
    1952 - Franklin National Bank, Franklin Square, NY issued the first bank credit card. Purchases were charged to the bank, which made the payments and then billed the card holders. The service was extended to its branches. The first bank credit card to gain national acceptance was the BankAmericard (later called Visa), issued by the Bank of America, San Francisco, in 1959. There was no membership fee or service charge. Full-scale services were offered to cardholders and merchants. Mastercard, originally called Master Charge, was founded by a consortium of 77 western banks led by the Wells Fargo Bank.
    1953 - Top Hits
“I Believe” - Frankie Laine
“Doggie in the Window” - Patti Page
“Till I Waltz Again with You” - Teresa Brewer
“Your Cheatin Heart” - Hank Williams
    1955 - The first franchised McDonalds was opened at Des Plaines, IL. by Ray Kroc, who had gotten the idea from a hamburger joint at San Bernardino, CA, run by the McDonald brothers. On opening day, a hamburger was 15 cents. The Big Mac was introduced in 1968 for 49 cents; the Quarter Pounder in 1971 for 53 cents. They are serving around 68 million customers daily in 119 countries across more than 36,000 outlets    
    1956 - General Motors announced that the first, free piston automobile had been developed.
    1956 - Mitch Miller, music director of Columbia Records, engages in a spirited debate with Alan Freed over the "potentially negative effects of Rock 'n' Roll on teenagers" on Eric Sevareid's news program on CBS-TV. Two psychiatrists also joined the discussion.
    1958 - Major League baseball came to California as the San Francisco Giants, transplanted from New York, opened the season against the Los Angeles Dodgers, formerly of Brooklyn, at San Francisco’s Seals Stadium. The Giants shut out their rivals, 8-0.
    1961 - Top Hits
“Blue Moon” - The Marcels
“Apache” - Jorgen Ingmann
“Dedicated to the One I Love” - The Shirelles
“Don’t Worry” - Marty Robbins
    1964 - The first Ford Mustang rolled off the show room floor, two days before it is set to go on sale nationwide.
    1966 - Fifth-Annual San Francisco State College Folk Festival with Malvina Reynolds, Mark Spoelstra, Richard ("Been down so long it looks like up to me") & Mimi Fariña, The Blues Project, Doc Watson and others. Poster artist: Michael Ferguson, From The Art of Rock.
    1966 - The Rolling Stones release "Aftermath", their first LP to feature all original material.
    1967 - The first mass burning of draft cards occurred as 400,000 marched in New York City opposing the Vietnam War. It was the culmination of the April 10-15 Vietnam Week featuring draft card burnings, turn-ins and anti-draft recruiter demonstrations all over the country. In NYC, speakers included Dr Martin Luther King, Jr., Floyd McKissick, Stokely Carmichael and Dr. Benjamin Spock.  In San Francisco, 100,000 people marched from Second and Market to Kezar Stadium at Golden Gate Park. Vietnam veteran David Duncan gave the keynote speech.
    1967 - Nancy and Frank Sinatra had the #1 song on the Billboard Hot 100, "Something Stupid", To this day, they are the only father and daughter team to have a US chart topping single. ("Unforgettable" by Natalie Cole and Nat "King" Cole reached #14 in 1991, recorded posthumously with her father.)
    1967 - Birthday of Dara Torres, Beverly Hills, CA.  U.S. swimmer. Torres is the first and only swimmer to represent the United States in five Olympic Games (1984, 1988, 1992, 2000 and 2008), and, at age 41, was the oldest swimmer ever to earn a place on the U.S. Olympic team. At the 2008 Summer Olympics, she competed in the 50-meter freestyle, 4×100-meter medley relay, and 4×100-meter freestyle relay, and won silver medals in all three events.    
    1967 - The Who's second album, "Happy Jack," was released in the US. The LP contained a ten-minute mini-opera, "A Quick One," which was also the album's title in Britain.
    1969 - Top Hits
“Aquarius/Let the Sun Shine In” - The 5th Dimension
“You’ve Made Me So Very Happy” - Blood, Sweat & Tears
“Galveston” - Glen Campbell
“Woman of the World (Leave My World Alone)” - Loretta Lynn
    1971 - George C. Scott refused the Oscar for his Best Actor performance in "Patton" at the 43rd Annual Academy Awards ceremony at LA’s Dorothy Chandler Pavilion. He had previously told reporters that he did not want the honor, saying (after the votes had been cast and tallied), “It is degrading to have actors in competition with each other.” Scott called the Oscar ceremony a two-hour meat parade, a public display with contrived suspense for economic reasons. Others who did accept the golden statuette as recognition for their works that evening include: Glenda Jackson, Best Actress ("Women in Love"); Helen Hayes, Best Supporting Actress ("Airport"); John Mills, Best Supporting Actor ("Ryan’s Daughter"); Fred Karlin (music), Robb Royer and James Griffin (lyrics), Best Music/Song, "For All We Know" from "Lovers and Other Strangers"; and Franklin J. Schaffner, Best Director ("Patton") ... "Patton" (Frank McCarthy, producer) also received the Best Picture honors. Other notable flicks from 1970 (some Oscar winners, some not): "Five Easy Pieces", "Love Story", "MASH", "Tora! Tora! Tora!", "Diary of a Mad Housewife".
    1972 - Roberta Flack's "The First Time Ever I Saw Your Face" became an unlikely number one hit after it was featured in the Clint Eastwood film “Play Misty For Me.” It had been originally released as an album cut three years earlier. After Eastwood included it in his film, Atlantic Records rush released it as a single.
    1973 - The richest women’s golf tournament held (to that day) was won by Mickey Wright. She won the $25,000 first prize in the Colgate-Dinah Shore Golf Classic in Palm Springs, CA.
    1974 - Kidnapped heiress Patricia Hearst is filmed participating in a bank robbery, along with 8 other members of the SLA (Symbionese Liberation Army), in Sacramento, California.
    1977 - Top Hits
“Dancing Queen” - Abba
“Don’t Give Up on Us” - David Soul
“Don’t Leave Me This Way” - Thelma Houston
“Lucille” - Kenny Rogers
    1980 - Country star Willie Nelson held two fundraising concerts in Atlanta, Georgia, for Jimmy Carter's US presidential campaign.
    1985 - Marvelous Marvin Hagler helped Thomas “The Hit Man” Hearns go nighty-night a littler earlier than expected with a third round knockout to retain the world middleweight boxing title. Some have called the fight the greatest three rounds in boxing history.
    1985 - Top Hits
“We are the World” - USA for Africa
“Crazy for You” - Madonna
“Nightshift” - Commodores
“Honor Bound” - Earl Thomas Conley
    1988 - A weather disturbance off the southern coast of California brought parts of southern California their first rain in six weeks. Rain-slickened roads resulted in numerous accidents in southern California, including a ten car pile-up at Riverside.
    1989 - Roy Orbison had his final Top 10 single on the US chart with "You Got It", four months after he passed away. The song was written by Jeff Lynne and Tom Petty and appeared on Orbison's "Mystery Girl" album that was released posthumously.
    1990 – “In Living Color” premiered on TV. Fox's sketch comedy series was modeled after "Saturday Night Live." The show was created by Keenen Ivory Wayans. Between skits, the Fly Girls would entertain the studio audience with hip dances (actress Rosie Perez choreographed the dances before breaking into movies). The show featured Wayans, his brothers Damon, Marlon and Shawn, his sister Kim, Tommy Davidson, David Alan Grier, T'Keyah "Crystal" Keymáh, Kelly Coffield, Kim Coles and Jim Carrey before he was Ace Ventura. Some of the most popular recurring characters were Homey, the embittered clown, the flammable Fire Marshall Bill and the effeminate movie critics of "Men on Film."
    1996 - The rest of Jerry Garcia's ashes are scattered near the Golden Gate Bridge in San Francisco. A small portion had been scattered in the Ganges River in India 11 days ago.
    1997 - In ceremonies marking the 50th anniversary of the debut of Jackie Robinson in the Majors, Bud Selig, chairman of baseball’s Executive Committee, announced that Robinson’s uniform number 42 would be retired by all Major League teams. Players then wearing 42 were allowed to continue to do so, but no team would ever assign 42 again.  With the retirement of Mariano Rivera after the 2013 season, there are no longer any players wearing #42.
    1998 - The New York Yankees and the New York Mets each played a home game at Shea Stadium, with the Yankees defeating the Anaheim Angels, 3-2, in the afternoon, and the Mets beating the Chicago Cubs, 2-1, at night. This unique doubleheader was occasioned by a structural accident at Yankee Stadium.  A 500- pound steel beam fell from the upper deck on April 14, forcing New York City to close the park temporarily for inspection and repairs. The Yankees returned to their own home on April 25, beating the Detroit Tigers, 8-4.
    1999 - Astronomers from San Francisco State University, working at an observatory in Arizona, announced the discovery of the first multi-planet system ever found orbiting around a star other than our own. Three planets orbit the star Upsilon Andromedae, which can be seen with the naked eye. This suggests that the Milky Way probably teems with similar planetary systems.
    2013 – Muslim terrorists set off two explosions near the finish line at the Boston Marathon, killing three people and injuring 264 others.  Among the injured, 17 were reported in critical condition.  At least 14 people required amputations.  The race was halted 8 minutes after the explosions; runners were diverted into Boston Common or Kenmore Square and over 5,000 participants who were unable to finish due to the race being halted.
    2015 - Nokia announced that it will purchase Alcatel-Lucent for $16.6 billion, creating the second-largest manufacturer of mobile communication products behind Ericsson.
Stanley Cup Champions:
    1937 - Detroit Red Wings
    1952 - Detroit Red Wings



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