ANY KIND CHECKS CASHED, INC. V. TALCOTT
Southern New Hampshire University
Any Kind Checks Cashed, Inc. v. Talcott
According to the UCC, a holder in due course is a holder who takes an instrument for value in good faith and devoid of notice of assured claims, as well as defenses on the instrument.
It is imperative in the case of ‘Any Kind Checks Cashed, Inc. v. Talcott’ to determine if the holder of the instrument acted in good faith, in fair dealing as is compulsory in order to be considered the holder in due course. According to the Commercial Law Article 3-103 (a) (4); good faith refers to sincerity or honesty in fact and the adherence to logical commercial standards of fair dealing (Twomey, D., & Jennings, M.). Apart from this, the court upholds the trial court finding that Any Kind did not act in good faith when cashing a check for $10,000. However, Any Kind had been in good faith in later on cashing one more check for $5,700. I agree that ‘Talcott’ was responsible for the $5,700 even despite the fact that he was illegally persuaded to issue a check (Legale .com). The procedures in place at Any Kind Checks Cashed, Inc.states that a supervisor that has the power as well as authority to approve checks over $2,000. However, the supervisor should have been more cautious due to the unusual amount of the check of $10,00.00.
When the second check of $5,700.00 was presented the check cashing company had been in contact with Talcott getting his verbal approval for cashing a check. As a result, Any Kind Check Cashed Inc. satisfied the good faith prerequisites for a holder in due course.
In reviewing if, the tellers actions where in accordance with good faith and acted reasonable within the commercial standards for accepting and processing the check. The fact is that the clerk did take action and question the intent of the check of $10,000.00 by calling the maker of the check Mr. Talcott, but