SEARCH

Freese v. Regions Bank NA

O.C.G.A. § 11-4-103 a allows parties to a contract of deposit to change O.C.G.A. § 11-4-406 f's notice provision from 60 to 30 days, the parties did so in their customer agreement and the appellant failed to give notice to the bank of certain fraudulent checks drawn on the appellant's corporate account within the required 30-day period.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Harry Freese appeals the grant of summary judgment to Regions Bank Regions after the bank refused to reimburse him for certain fraudulent checks drawn on Freese’s corporate account because Freese failed to give notice within the 30-day period provided for in the Customer Agreement. Because the trial court correctly held that OCGA § 11-4-103 a allows the parties to change the provision in OCGA § 11-4-406 f from 60 to 30 days without regard to lack of due care by either party, we affirm. The record shows that in April 2003, Freese opened a corporate checking account with Regions Bank, signed a signature card, and, per its terms, acknowledged that he agreed to the conditions of the Customer Agreement. The Customer Agreement held in pertinent part that, “the statement shall be conclusively deemed to be correct unless we are notified by you in writing within thirty 30 days after the closing date of the statement.”

In October 2003, Freese apparently timely notified the bank that several checks on the statement ending September 30, 2003, were fraudulent. Regions reimbursed Freese’s account for those checks. In November, Freese discovered several other unauthorized checks on the September statement, but Regions refused to reimburse him for those checks, which totaled $59,890.96, because Freese did not notify the bank that he disputed them until after the 30-day notice period.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Consulting Best Firms to Work For 2024

September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.

Learn More

Marketing Coordinator / Business Development

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...

Apply Now ›

Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...

Apply Now ›

Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›

06/21/2024
Daily Business Review

Full Page Announcement

View Announcement ›