1. Customer
Negligence. 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 Garys name on a check for $100 and cashes the check at Garys
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 that
includes the forged check, but he does not notice the item, nor does he examine
his bank statement. On June 20, Dolores forges Garys last check. This
1. Customer
Negligence. 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 Garys name on a check for $100 and cashes the check at Garys
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 that
includes the forged check, but he does not notice the item, nor does he examine
his bank statement. On June 20, Dolores forges Garys 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 Garys claim. (See The Banks Duty to Honor Checks.)
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