Arnett Gertrude, a widow with no children, lived with her sister and her nephew Jack Scriber. When

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Arnett Gertrude, a widow with no children, lived with her sister and her nephew Jack Scriber. When Gertrude was diagnosed with cancer, she added Scriber as an authorized signatory to her checking account at Salyersville National Bank and gave him power of attorney. Shortly before Gertrude died, Scriber wrote checks on the account to withdraw nearly all of the $600,000 in the account and transferred the funds into his own account. After Gertrude’s death, Bobbie Caudill, the administrator of the estate, discovered the withdrawals. Caudill sued the bank for aiding Scriber in the conversion of Gertrude’s funds. The bank’s defense was that Scriber had power of attorney over Gertrude’s finances and had the power to write checks on the account, so the bank had to honor the checks that Scriber had written. The estate argued that the bank had breached its duty to Gertrude to guard against such obvious misappropriation. The trial court held for the bank. Did the bank breach its duty to Gertrude? Why or why not? [Caudill v. Salyersville National Bank, ____ S.W.3d___ (Ky.App. 2010)]

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Business Law Text and Cases

ISBN: 978-1111929954

12th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross

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