Nationwide Homes of Raleigh, N. C., Inc. v. First-Citizens Bank & Trust Co.

The principal contention of the Bank is that the plaintiff, on or about 28 December 1961, at which time its regional man ager discovered the existence of the bank account and the checks paid prior to that time, did not notify the Bank that .the checks were forgeries but merely notified the Bank that the account was unauthorized and the signature of Coleman upon the signature card was a forgery. It contends that, though the plaintiff received the bank statement for December on or before 10 January 1962, and, therefore, on that date had possession of all cancelled checks, the plaintiff did not…