Gary goes grocery shopping and carelessly leaves his checkbook in his shopping cart. His checkbook, with two

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Gary goes grocery shopping and carelessly leaves his checkbook in his shopping cart. His checkbook, with two blank checks remaining, is stolen by Dolores.

On May 5, Dolores forges Gary’s name on a check for $100 and cashes the check at Gary’s bank, Citizens Bank of Middletown.

Gary has not reported the loss of his blank checks to his bank.

On June 1, Gary receives his monthly bank statement from Citizens Bank, which includes the forged check, but he does not notice the item, nor does he examine his bank statement.

On June 20, Dolores forges Gary’s last check. This check is for

$1,000 and is cashed at Eastern City Bank, a bank with which Dolores has previously done business. Eastern City Bank puts the check through the collection process, and Citizens Bank honors it. On July 1, on receipt of his bank statement and canceled checks covering June transactions, Gary discovers both forgeries and immediately notifies Citizens Bank. Dolores cannot be found. Gary claims that Citizens Bank must recredit his account for both checks, as his signature was forged. Discuss fully Gary’s claim.

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Business Law Today

ISBN: 9780357634813

13th Edition

Authors: Roger LeRoy Miller

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