Liccardi Ford made out a check dated August 10, 2007, that was payable to one of its
Question:
Liccardi Ford made out a check dated August 10, 2007, that was payable to one of its employees, Charles Stallone. Because Stallone was suspected of embezzlement, the company withheld the check from him. However, the check disappeared from the company offices, and when the disappearance was discovered, Liccardi immediately placed a stop payment order on the check. On or before August 9, 2007, JCNB Check Cashing cashed the check for Stallone and deposited the check to its own checking account. However, the issuing bank refused to honor the check because of the stop-payment order that had been placed on it. On February 11, 2009, Robert Triffin acquired the dishonored payroll check from JCNB and sued Liccardi and Stallone for the amount of the check. One of the issues in the lawsuit against Liccardi was whether Triffin was a holder in due course, either in his own right, or because his transferor, JCNB, had the rights of a holder in due course. A New Jersey law, the Check Cashers Regulatory Act, prohibits a check cashing service from cashing a postdated check. Is Triffin a holder in due course or an assignee of an entity that had the rights of a holder in due course?
Step by Step Answer:
Business Law The Ethical Global and E-Commerce Environment
ISBN: 978-1259917110
17th edition
Authors: Arlen Langvardt, A. James Barnes, Jamie Darin Prenkert, Martin A. McCrory