For those of you that do this practice, be aware that it has been used against banks when things go wrong and this is not the only case law:
On motion for summary judgment, the trial court held that there was a fact question as to whether the bank's employees customarily reviewed the obituaries in the local newspaper, and as to the effect of such a custom. The trial court ultimately ruled in favor of Schock:
After a bench trial, where it was established that the bank did indeed have such a procedure , the district court concluded as to the contract claim that the bank should have known that Miller died because his obituary was published in a local newspaper. That the bank had notice of Miller's death, the court concluded, extinguished Nero's apparent authority, and the bank therefore was not entitled to invoke R.I. Gen. Laws § 18-4-16 as a defense to liability for breach of contract.
Schock v. United States, 254 F.3d 1, 4 (1st Cir. 2001).
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