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Chapter 28 Banking Discussion

Chapter 28 Banking Discussion

Q Read and answer Question 28-1 and 28-2 on pp. 534. Scenario 1: Roy Supply, Inc., and R. M. R. Drywall, Inc., had checking accounts at Wells Fargo Bank. Both accounts required all checks to carry two signatures—that of Edward Roy and that of Twila June Moore, both of whom were executive officers of both companies. Between January 2006 and March 2008, the bank honored hundreds of checks on which Roy’s signature was forged by Moore. On January 31, 2009, Roy and the two corporations notified the bank of the forgeries and then filed a suit in a California state court against the bank, alleging negligence. Who is liable for the amounts of the forged checks? Why? Question 28-1 Who is liable for the amounts of the forged checks? Why? Scenario 2: 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 $10 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 and copies of canceled checks from Citizens Bank, including the forged check, but he does not examine the canceled checks. 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. Question 28-2: Discuss fully Gary’s claim.

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In this situation, I think that the liability for the amounts of the forged checks rests with Roy. This is because the bank had not been informed by Roy about the forgeries as a duty of obligation to inform the bank within thirty days of presentation of the check. Therefore, Roy could not claim negligence for making payment in case of the forged checks as there could not be any standing granted to Roy by the court. It is important for a company or an individual to inform the bank about any case of unethicality or illegality before the processing of a check.