Question
4.Dubious, a holder in due course, presented a $1500 check to the First Bank, the drawee bank named on the face of the instrument. The
4.Dubious, a holder in due course, presented a $1500 check to the First Bank, the drawee bank named on the face of the instrument. The signature of the drawer, Apple, was forged by Forger who took the check from the bottom of Apple's check book along with a cancelled check in the course of burglarizing Apple's house. The bank examined the signature of the drawer, but the signature was such an artful forgery of the drawer's signature that only a handwriting expert could have detected a difference. The bank therefore paid the check. The check was promptly returned to Apple, but he did not discover the forgery until thirteen months after the check was returned to him. a. Apple seeks to compel the bank to credit his account for the loss. Will he prevail? b. The facts are the same as above, but you are to assume that the bank discovered the forgery before returning the check to Apple and therefore credited his account. Can the bank in turn collect from Dubious the $1,500 paid to Dubious? c. Would your answer to 1 and 2 above be different if the forged signature were that of the payee or an indorser rather than the signature of the drawer?
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