Community Bank & Trust, S.S.B. v. Fleck

Respondent Ardell Fleck, personal representative of the estate of Mable Wright, sued petitioner Community Bank & Trust for honoring five forged checks written on Wright’s account before her death. Wright’s deposit agreement with the Bank required that she notify the Bank of “an unauthorized signature or alteration within a reasonable time (not to exceed 14 days) after we [the Bank] send or make available to you your statement and items”. Fleck did not formally notify the Bank of the forgeries until some eleven months after the Bank sent a statement reflecting that the items had been paid.…