1. Forged Drawers Signatures. Victor Nacim had a checking account at Compass Bank. The Deposit…

1. Forged
Drawers Signatures. Victor Nacim
had a checking account at Compass Bank. The Deposit Agreement required him to
report an unauthorized transaction within thirty days of his receipt of the
statement on which it appeared to obtain a recredit. When Nacim moved to a new
residence, he asked the bank to update the address on his account. Compass continued
to mail his statements to his previous address, however, and Nacim did not
receive them. In the meantime, Compass officer David Peterson made an
unauthorized withdrawal of $34,000 from Nacims account. A month later, Peterson
told

1. Forged
Drawers Signatures. Victor Nacim
had a checking account at Compass Bank. The Deposit Agreement required him to
report an unauthorized transaction within thirty days of his receipt of the
statement on which it appeared to obtain a recredit. When Nacim moved to a new
residence, he asked the bank to update the address on his account. Compass continued
to mail his statements to his previous address, however, and Nacim did not
receive them. In the meantime, Compass officer David Peterson made an
unauthorized withdrawal of $34,000 from Nacims account. A month later, Peterson
told Nacim what he had done. The next month, Nacim asked the bank for a
recredit. Compass refused on the ground that he reported the withdrawal more than
thirty days after the bank mailed the statement on which it appeareda
statement that Nacim never received. Is Nacim entitled to a recredit? Explain. [Compass
Bank v. Nacim, 459 S.W.3d 95 (Tex.App.El Paso 2015)] (See The Banks
Duty to Honor Checks.)

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