Question: 1. Lawrence and Georgene Kruser had a joint checking account with Bank of America. The bank had issued each of them ATM cards. The Krusers
1. Lawrence and Georgene Kruser had a joint checking account with Bank of America. The bank had issued each of them ATM cards. The Krusers thought Lawrences card has been destroyed in September, but their December bank statement showed an unauthorized withdrawal of $20 by someone using Lawrences card. The next year, the Krusers discovered in September that the July and August bank statements showed 47 unauthorized withdrawals totaling $9,020. When the bank refused to reimburse them the Krusers sued. Does the bank have to reimburse them the $9,020?
2. Madeline wrote out a check to Gardner to pay for some remodeling work including new windows on her house. The day after writing out the check there was a rainstorm. Every new window leaked. Furious, Madeline called her bank and ordered it to stop payment on the check. Two weeks later she wrote a letter to the bank confirming the stop payment order and mailed it. It took three days for the bank to get the letter and during that time Gardner presented the check at the bank and the bank paid it. Does Madeline have any recourse against the bank?
3. George Avery sent a letter to Jim Whitworth. Printed on the stationary was the name of Averys employer, V & L Manufacturing Co., and the words George Avery, President. The letter stated, This is your note for $45,000.00, secured individually and by our Company. Avery had signed the letter. V & L did not pay the entire $45,000, so Whitworth sued Avery. Avery said the stationary showed V & L was the debtor and he signed only in a representative capacity. Must Avery pay?
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