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Commercial Law Keyed to Zierdt, 1st Ed.
Kruser v. Bank of America NT & SA
Citation:
230 Cal. App. 3d 741 (1991), 281 Cal. Rptr. 463 (1991)Facts
The Krusers maintained a joint checking account with Bank of America, and each received a “Versatel” card with separate personal identification numbers allowing access to their account from ATMs. The Krusers believed Mr. Kruser’s card had been destroyed in September 1986. In December 1986, an unauthorized $20 withdrawal was made using Mr. Kruser’s card, which appeared on their bank statement. Mrs. Kruser, who was responsible for reviewing bank statements, underwent surgery in late December 1986 or early January 1987 and spent several months recuperating at home, during which time she continued to review bank statements. The Krusers did not report the December 1986 unauthorized withdrawal until August or September 1987, after discovering 47 additional unauthorized withdrawals totaling $9,020 made in July and August 1987 using Mr. Kruser’s card. The Bank refused to credit the Krusers’ account for these unauthorized withdrawals.
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