6.3 Paper - HDC - In the case of Any Kind of Checks Cashed...

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In the case of Any Kind of Checks Cashed, Inc. v. Talcott, I find it is unfair for Talcott but that is only because I feel bad for an elderly man who was swindled out of a very large sum of money. My reaction was based on emotion and not actual law. As the party claiming holder in due course status, the burden of proof was on Any Kind to prove they were entitled to that status (Seinfeld v. Commercial Bank and Trust Company). From a factual standpoint, a holder in due course must first be a holder. From that, a holder in due course is one who takes an instrument for value, in good faith, without knowledge of the instrument being overdue or dishonored and without knowledge of any defense or adverse claim (Twomey & Jennings, 2014). In the case presented to us, Any Kind is able to satisfy the “for value” requirement because of the fee charged for cashing the check. Guarino was the original holder of both the $10,000 check and the $5,700 check, as both instruments were made out to him (Twomey & Jennings, 2014). The question is whether by negotiating the checks with Any Kind, did Any Kind become a holder in due course of either of them and would thereby be entitled to the special protections available. Both check cashing transactions are looked at separately. In Any Kind v. Talcott, Guarino had established check cashing privileges on December 7, 1999 listing himself on the Any Kind customer card as a “broker”. He cashed a check for $450.
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