Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 6

After Hickey Marcus died, Melvyn Spillman presented fraudulent documents purporting to give him control of Marcus's estate to Jefferson State Bank, where Marcus had an account. Spillman withdrew most of the money in the account. More than three years after Marcus's death, the court appointed Christa Lenk, who knew of Spillman's fraud, to administer Marcus's estate. Presumably unaware of Lenk's appointment, the bank never informed her of Marcus's account or sent statement to her. Although contact the bank for more than a year after that. When she demanded the amount Spillman had withdrawn, the bank refused, and she sued the bank. Should the bank have to pay?