Plaintiff, Mary Mansi, claims that eighteen checks on her account contain forgeries but were paid by the

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Plaintiff, Mary Mansi, claims that eighteen checks on her account contain forgeries but were paid by the defendant bank, Sterling National Bank. These checks bore signatures which, according to the plaintiff’s handwriting expert, were apparently ‘‘written by another person who attempted to simulate her signature’’ and thus were not considered obvious forgeries. The plaintiff stated at a deposition that she did not review her monthly bank statements. Sterling National Bank acknowledges that while it did honor those eighteen checks, nine of them were returned to the plaintiff more than one year prior to this action. The defendant also asserts that the plaintiff’s claims on the remaining nine checks are barred due to her failure to examine her monthly bank statements. Who should prevail? Explain.

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Smith and Roberson Business Law

ISBN: 978-0538473637

15th Edition

Authors: Richard A. Mann, Barry S. Roberts

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