United States Sixth Circuit

Summary judgment for defendant-bank in an action for breach of contract, negligence, and violation of Ohio law based on the bank's payment of forged checks drawn on plaintiff-professional baseball player's account is affirmed where plaintiff failed to promptly examine his monthly statements and failed to report the forgeries within the prescribed thirty day time period.

Appellate Information

• Decided 01/16/2007
• Published 01/16/2007

Judges

• Before CLAY and SUTTON, Circuit Judges;  SHARP, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Steven G. Schwartz, Schwartz and Horwitz, Boca Raton, Florida, for Appellant.  Eric W. Richardson, Vorys, Sater, Seymour & Pease, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Steven G. Schwartz, Schwartz and Horwitz, Boca Raton, Florida, Kenneth G. Hawley, Cincinnati, Ohio, for Appellant.  Eric W. Richardson, Nathaniel Lampley, Jr., Vorys, Sater, Seymour & Pease, Cincinnati, Ohio, for Appellee.