Napleton v. Great Lakes Bank 

Illinois Appellate Court
Civil Court
Banking
Citation
Case Number: 
No. 1-10-1887
Decision Date: 
Wednesday, March 9, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
QUINN
Plaintiff sued his bank for reimbursement of a $7500 forged check drawn on Plaintiff's checking account. Bank's Account Agreement required customers to notify Bank with "reasonable promptness", within 30 days of discrepancy. Court properly granted Bank's motion to dismiss on grounds that Plaintiff did not notify Bank of forged check until four months after it appeared on his bank statement. Failure to abide by prompt notification requirement precludes Plaintiff's claim, and is consistent with UCC's public policy of imposing on customers the duty of prompt examination of bank statements and the notification of banks of forgeries, and placing reasonable time limitations on responsibility of banks for payment of forged items. (MURPHY and STEELE, concurring.)