Gennone v. Peoples National Bank & Trust Co.

TREDINNICK, J.,

Between January 23, 1964, and March 6, 1967, defendant honored and paid 25 forged checks from plaintiff’s account. All of the forgeries were perpetrated by plaintiff’s wife, and plaintiff received no benefit from those checks.

As early as June 1965, plaintiff notified defendant that he was not receiving his statements and can-celled checks, although defendant was, in fact, mailing them to plaintiff. Defendant thereafter held plaintiff’s bank statements for delivery only to him rather than mailing them. Plaintiff did not inform defendant that some of the checks were forgeries…