Any Kind Checks Cashed, Inc. was a holder in due course in its case v. Talcott. In this case and elderly gentleman John C. Talcott, who was defrauded the sum total of $15,700 in the form of two checks, $10,000 and $5,700 respectively. Both checks were issued to D. J. Rivera and were later cashed at Any Kind Checks, Inc. by Salvatore Guarino. Talcott stopped payment on both checks after the initial check was an over payment and the second was discovered be conceived by fraud. Both checks were returned to Any Kind Checks Cashed, Inc. Any Kind Checks, Inc. brought suit against Talcott and Salvatore Guarino (Twomey & Jennings, 594-597). Any Kind Checks, Inc. claims that it was a holder in due course with both checks and because they knew …show more content…
When Rivera called Talcott the following day (January 11) and stated that he needed a smaller sum, $5,700, there was no mention as to how the difference was to be returned to Talcott. Talcott immediately canceled the check and issued a new check for deposit. At the point that Rivera told Talcott that the $10,000 check was not needed, he should have returned or destroyed the check. Further, Talcott should not have issued another check until he was assured that the first check would not be deposited. Any Kind Checks, Inc. appears to have had an internal policy to verify the authenticity of checks over $2,000. Further, since the check was being cashed by a third party, this demonstrates that Any Kind Checks, Inc. had even more reason to do their due diligence and verify. Their lack of verification makes them complicit in the violating the ‘good faith doctrine’. § 673.3021(1), Fla. Stat. (2001). Since Any Kind Check, Inc. was not a holder in due course they have no right to try and enforce Talcott’s obligation to pay the draft. § 673.3051(1) & (2), Fla. Stat. (2001). Any Kind Checks, Inc. was a holder in due course with respect to the second check issued by Talcott. In that portion of the case Any Kind Checks, Inc. did their due diligence in investigating whether or not the check should be cashed. After contacting Talcott by phone, it was determined that the check was eligible to be cashed (Seinfeld v. Commercial Bank & Trust Co., 405 So.2d 1039, 1041 (Fla. 3d
Adrian is a salesperson who represents several wholesale companies. On January 2, 2008, she received by mail a commission check from Ace Distributors in the amount of $10,000 that was dated December 31, 2007. Adrian is concerned about the year in which the amount of $10,000 is taxable. Although the check is dated 2007, she contends that it would have been unreasonable for her to drive 100 miles (one way) to the Ace offices on the eve of a holiday to collect her check. Further, Adrian maintains that even if she had made the trip to collect the check, by the time she returned home, the bank would have closed and she could not have deposited the check until January.
was a watch on the account and he would be unable to cash the check. Jeremy then
Mrs. Bias stated that the Lien Unit took money out of her account without notifying them; they received a letter after the money was already on hold. Mrs. Bias stated she sent the Lien Unit bank statements, direct deposit statements, copies of checks from the credit union, and paid the credit union to pull the drive-thru video to show that she was the one that made the deposits. She stated that the Lien Unit told her the information she provided was not sufficient. She stated she put Mr. Bias’ name on the checking account so that when he was working his checks were direct deposited. In addition, Mrs. Bias stated that the NCP was never on her savings account, which is the account the money was taken from. Mrs. Bias stated the NCP has been laid off since March 2015; there is no money being deposited in the account by neither the NCP nor anyone else other than herself since 2013 because they were separated for a while. The NCP stopped direct deposit for his checks. Mrs. Bias stated that the money she did prove was hers, she sent the Lien Unit proof of direct deposits from her job; the Lien Unit gave her part of the that money back, not all of it. So now, at the hearing, she has proof that the remainder of the money is hers. She
It was found that no, Good Year Tire & Rubber Company was not responsible for the “other cost and losses” of the Plaintiffs. Good Year was not obligated to pay the Plaintiffs since there was no agreement made for payment. The error that was found was bought to Good Year’s attention but the attorneys failed to agree on the correct amount.
I observed the following information documented on checks #519 and #520: They both are dated 10/25/2015, made pay to the order of Lakeyah Anderson in the amount of $500.00, for Donation and signed Terrance Bowens. Check owner is Terrance J. Bowens Sr. The checking account number is 7041282794. The bank routing number is 256074974.
Facts: The case arose over the prospective purchase of a residence in Baltimore, Maryland. Buyers Rebecca Cochran, Robert Cochran, Hope Grove and Robert Grove sought to buy property from seller Eileen Norkunas. The buyers presented to Ms. Norkunas a letter of intent where they specified that the two parties would execute a standard Maryland Realtors contract to finalize the purchase. The parties signed the letter of intent on March 7, 2004 and presented Ms. Norkunas a deposit check for $5,000. Shortly there after, the seller received a contract and addenda to “effect the transaction”.
Plaintiff, Kaycee Land and Livestock, opened a case to hold Defendant, Roger Flahive, personally liable for (contamination) damages after an agreement made by Flahive’s LLC, Flahive Oil & Gas. The District Court of Johnson County presented the case to the Supreme Court of Wyoming to determine if Flahive could be held personally liable. Kaycee Land and Livestock contracted with Flahive Oil & Gas in order to use the surface of the land to raise the Plaintiff’s livestock. Kaycee Land and Livestock claims that Flahive Oil & Gas contaminated the surface area, leaving it useless for Kaycee Land and Livestock’s needs. Flahive Oil & Gas does not have any assets. Therefore, Kaycee Land and Livestock wants to use general corporate veil-piercing principles
The victim, Ms. Angelica Latta contacted this Agent Thomas-Alford, in reference to the Subject owing her restitution. Ms. Latta complained she has not received a payment of restitution in the amount $166.00 that was due in January. It was explained, that the Subject will be instructed to pay a make a payment, immediately. Ms. Latta also advised that the Subject makes an income by tattooing.
Three women from Cleveland were discovered conducting a scheme where they were found to be orchestrating a check kiting scheme. The three women attempted to run the money through a casino called The Horseshoe Casino and then withdrawal the money. The women were individually charged with multiple attempts to commit bank fraud. Two of the women forged checks and withdrew the money as cash. The ladies also passed bad checks and stole from banks. The group also used outside individuals to open bank accounts and pass over debit cards to women in the group. Their fraudulent actions accounted to total to 165,000 dollars. The fraud committed by the group of ladies is known as check kiting. The ladies fraudulent activity was discovered by special agents
Blake Stanton d/b/a/ Stealth Judgment Recovery visits the local county courthouses, investigates the public records and civil court dockets by searching for cases involving small claims money judgments, examines the court awarded money judgments and then determines qualified leads for the referral to judgment brokers, judgment investors, or potential assignees of record to carry out supplementary
Mrs. Joyce Dean reviewed the financials for the month of September and commented no expenses were reported. She mentioned she would be writing some checks to pay property taxes on the MIF building currently being lease to Safe Track. Motion to approve financials was made, second and carried. Mr. Paul Moffitt asked if the tenant was making the payments and how he was being billed
Specific Issues: Is the check that Phyllis received from XYZ on May 8 taxable to her?
Mr. Martini stated he did not know Ms. Martini withdrew funds from the annunity until he received correspondence from the IRS that he failed to pay taxes on he money withdrawn from the annunity. He provided a copy of the annunity, a copy of
In order to protect you from suffering monetary losses, our credit union prohibits the cashing of third party checks presented by our members.
During the investigation the evidence determined that the withdrawals were made for numerous accounts belonging to both complainants. The surveillance of video supported the facts of the complainants not withdrawing any money on the days of the transactions. After determining all the facts on June 18, detectives met with the branch’s manager, who came clean with her involvement of fraudulently take the money to support her addition to prescription drugs. At the conclusion of the interview with the detectives, it was discovered that the bank manager previously made a withdrawal for $1,000. The manage admitted take $1,000 to purchase $350 worth of drugs, this fact was proven after a search of the manager’s vehicle revealed the $350 worth of drugs