Bank legally obligated to re-credit

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Ira Ofseyer is an eighteen-year-old freshman at Golden State University. He arrives on campus several days before classes begin, and learns of a party scheduled at Tau Phi Gamma Fraternity on Friday evening. Ofseyer arrives at the party, confident that a thorough university education means more much more than mere academics. Beer is served at the party, and that night, Ira consumes the first alcohol of his young life. In the haze of the alcohol, and caught up in socializing with the Tau Phi fraternity brothers (who are trying to convince him of the merits of fraternity membership,) Ofseyer inadvertently leaves his checkbook on the dining room table. Three days later, Ira realizes he is missing his checkbook. He returns to the fraternity to find his checkbook, but to no avail. He hurries to his bank’s university branch on University Avenue, and learns that one check has been written on his account in the last three days, for $3,500 at University Stereo Shack. Ofseyer’s remaining checking account balance is $5.83. His parents will not be happy. Is Ofseyer’s bank legally obligated to re-credit his account in the amount of $3,500?

Reference no: EM131647071

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