Which of the Following Was the Result on Appeal in Fernando

question 48

Multiple Choice

Which of the following was the result on appeal in Fernando Tatis v. U.S. Bancorp, the case in the text in which the plaintiff, a major-league baseball player, asked that the defending bank hold his bank statements and failed to notify the bank within 30 days of forgeries by one of his employees?

• A) That by agreeing to hold the bank statements the bank impliedly agreed to waive any timely notice of forgeries.
• B) That regardless of when notice was received, the plaintiff/depositor was entitled to the return of funds released based on forgeries.
• C) That the plaintiff/depositor and the bank would be required to split losses on a 50/50 basis based on comparative principles because they were both at fault.
• D) That the plaintiff/depositor could not recover for forgeries made and not reported for more than 30 days after bank statements were made available.
• E) That the plaintiff/depositor could not recover because the forgeries were not reported within 30 days of when bank statements were made available and also that by not timely reporting the first forgery, the plaintiff/depositor lost all rights to recover funds lost because of forgeries by the same forger.

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